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HomeMy WebLinkAboutItem 06.jANP hrisION0 Pe ree Related Documents (CIP, ERP, etc.): Notes: Date: 6 February 2012 Item No. APPROVAL OF A JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR THE MAINTENANCE OF CITY OWNED TRAFFIC SIGNALS Proposed Action Staff recommends adoption of the following motion: Move to approve the Joint Powers Agreement with Dakota County pertaining to the Traffic Signal Maintenance Agreement. The Traffic Signal Maintenance Agreement provides for maintenance of City owned traffic signals. Overview The City has participated in a Joint Powers Agreement for the maintenance of traffic signals since November 2002 following the turn back of a portion of CSAH 50 to the City, including Holyoke Avenue between 202 and 210 Streets. This agreement pertains to the maintenance of the existing city-owned traffic signals at Holyoke Avenue & 207 St. and at 175 St. & Kenrick Avenue/Junelle Path. The agreement pertaining to 175 St. and Kenrick Avenue/Junelle Path was approved in June 2005, following the realignment of Kenrick Avenue along Junelle Path to a new intersection with realigned 175 1176th Street. In accordance with the terms of the agreements, the City reimburses Dakota County on a per signal basis which includes equipment and staff hours for the work specified in the agreement. As outlined in the attached Agreement, the County agrees to continue to maintain the traffic signals. The City is responsible for the maintenance of streetlights. Costs for the maintenance services shall be reimbursed by the City on an annual basis. The annual costs will be evaluated every other year, starting with reevaluation effective January 1, 2012. Primary Issues to Consider • Is City staff capable of maintaining traffic signals? Currently, Streets Division staff is not trained to maintain traffic signals and does not possess the necessary equipment. With only two traffic signals, it is cost effective to have Dakota County provide maintenance. Supporting Information • A copy of the Joint Powers Agreement with Dakota County concerning the Traffic Signa Mainte - , A ! : - ment is attached. , 4000 Public Works Director Financial Impact: $3,356 Budgeted: Yes Source: 1526.6280 JOINT POWERS AGREEMENT DAKOTA COUNTY DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE TO Dakota County Contract 14543 Provide maintenance for City traffic control signal systems at various locations in the City of Lakeville, Dakota County. Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 THIS AGREEMENT, is entered into by and between the County of Dakota, referred to in this agreement as the "County", and the City of Lakeville, referred to in this agreement as the "City", and witnesses the following: WHEREAS, under Minnesota Statutes Section 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, the County has a policy to perform signal maintenance activities for the City when time, manpower and equipment are available. WHEREAS, the City has requested that the County provide maintenance services on City traffic control signal systems as described below for the City on an annual reimbursable basis; and WHEREAS, the agreement is effective for the traffic control signal systems per the 'City Signal List' (Exhibit 1) on file in the County Engineers Office and as amended from time to time; and WHEREAS, for future traffic control signal systems, the City will submit to the County a letter of request for signal maintenance services and this agreement will be effective for the new signal upon the date on the letter of acceptance from the County to the City; and WHEREAS, this agreement supersedes the traffic signal system maintenance agreement and amendments previously entered into between the County and the City. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Assistance for New City Signals. a) The selection, design, installation, and operation of the traffic control signal systems shall be the responsibility of the City. Upon written request from the City Public Works Director or City Engineer to the County Traffic Engineer, the County 3 4 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 agrees to assist in review of the design and set-up of the original cabinet for new installations and assist in providing expertise to the City regarding the initial set up, subject to available manpower. If County manpower will not be available, the County will notify the City at least two weeks before the date of the needed service. b) The City's letter shall define the services requested, a time line of the needed services; and include a copy of the plan set. The assistance request letter shall be submitted to the County Traffic Engineer at least two (2) months prior to the project letting date. c) The City shall notify the County Engineer in writing when the new signal is operational. The new signal will be added to the 'City Signal List' upon approval of the County Engineer. Written notice will be provided to the City Engineer or Public Works Director if the County does not approve the addition of the new signal to this maintenance agreement. 2. Maintenance Services for Existing Signals. The County agrees to maintain the traffic control signal systems, except streetlights, in a manner consistent with the County signal operation policies and practices and the following: a) The County will respond to requests for assistance, subject to limitations imposed by the availability of manpower, equipment, replacement parts and the immediate needs of the County road system. b) Work Schedule • Regular Hours (7:00 am to 3:30 pm Monday through Friday): For failure or malfunction, each maintenance operation performed by the County shall be individually and specifically requested by the City. Malfunctions shall be screened by City Public Works personnel prior to making a request for assistance. Requests for assistance shall only come from authorized City personnel. A list of personnel (Exhibit 2) authorized to request signal maintenance services, shall be furnished to the County by the City. 5 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 • After Hours: The County will respond to official contact by Sheriff, Police or authorized City personnel, and take action consistent with assessment for similar County signals. c) The County may provide and install County owned spare equipment necessary to repair a signal system. The County will bill the City for actual cost plus the current percentage for handling charge as applicable at time of installation. The County may refuse to install County owned spare equipment if it is determined by the County that the signal may cause damage to the County's spare equipment due to incompatibility of equipment. d) Routine Maintenance • The County will provide routine maintenance including one annual inspection. The County may perform a second inspection based upon the discretion of the County Traffic Operations Supervisor. These inspections include, but are not limited to, signal hardware, operation of detectors, pedestrian push buttons, and control equipment. • The County will conduct minor preventative work, including changing/installing LEDs upon request by the City. This work will be scheduled when time permits based on urgent needs taking first priority. Major signal changes including underground wiring, large equipment up-grade programs, and other changes will not be applicable to this agreement. The County will determine if work is considered minor or major. e) Utility Locates Routine Locates: The County will provide utility locates. The City must formalize the request in writing (email or fax) and provide the utility ticket to the County for the specific signal impacted by the locate requests. • Construction Locates: Prior to the start of a construction project consisting of signal construction/revision/reconstruction work, the County will locate facilities one time. From the start of construction through project completion (signal turn-on or full 6 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 system operational), the City or their designee will be responsible for maintaining the markings and/or additional utility locates. f) Work Zone Traffic Control Routine Maintenance -The County will provide work zone traffic control while County staff is performing signal work. g) Work Zone Traffic Control Urgent Maintenance — The County will provide general work zone traffic control for operations requiring traffic control to address maintenance needs. For traffic control necessary beyond the means of the County signal maintenance staff person responding to the maintenance call, the County will notify the City and the following options apply: • The City will provide City staff or contract for additional traffic control and will be billed directly by the contractor for the required work and materials; or • The City may request the County to coordinate the necessary traffic control with County staff and if the County has the staff and availability, the County will bill the City for actual costs as outlined in 5 e. The County will provide annually a summary to the City of work that has been performed by the County and copies of the routine maintenance checklists. Construction modifications and specialty changes that include, but are not limited to, count down timers, red light indicators, radio interconnect, or fiber optic cable are beyond the scope of the services defined in section 2 of this agreement. The County may provide these services based on staff availability and ability, proceeding after the City provides a written request of the County. The County will bill the City as outlined in Section 5. e). 3. City Responsibilities for County Services. a) The City will inform the County of any City (or City's contractor) activity which changes or modifies a traffic control signal system. 7 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 b) The City will supply the County with parts necessary to correct failures of equipment not common to County traffic control signal systems at the cost and expense of the City. c) The City will be responsible for all trenching, tunneling, jacking or any excavation required in conjunction with the maintenance or repair of the traffic control signal systems as well as all cleaning, painting and provisions for electrical power. d) The City will provide any signing it determines necessary based on its policies and practices while signals are not fully operational. e) When repair of a signal is beyond the capability of County staff and/or County equipment, the County will inform the City and the following options apply: • The City will contract for the repair work and will be billed directly for the required work and materials by the selected contractor; or • The City may request the County to coordinate with a contractor for the repair work and if the County has the staff and availability to, the County will bill the City for actual costs plus a percentage for administration and handling costs at the most current County rate. f) The City will be responsible to provide traffic signal timing services and to send updated timing plans to the County. 4. Discontinuing Service. The County may discontinue maintenance described above of traffic control signal(s) if the County determines that it is no longer feasible because of excessively worn or obsolete signal equipment. Termination of maintenance shall be effective no later than one (1) year after the date of written notice to the City Engineer or Public Works Director of the deficiency of the traffic control signal unless the deficiency is corrected by the City within the one year notice period. The County may discontinue maintenance described above if the County determines that it is no longer feasible due to insufficient funds to maintain county signal maintenance staff available to provide services. Termination of maintenance 8 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 shall be effective no later than one (1) year after the date of written notice to the City Engineer or Public Works Director. City may discontinue services for any or all signals that the County is maintaining for the City. City shall notify the County Engineer in writing by July 15 to be effective the following January 1 to terminate services. The notice shall list the specific signal location or request to terminate all services. 5. Costs. a) Costs for the County to provide maintenance services and initial set up assistance pursuant to this agreement shall be reimbursed by the City on an annual basis. Costs will be calculated on an annual basis to be evaluated every year starting with reevaluation effective January 1, 2012 and will be brought forth for approval by the County Board as part of the Transportation Department Fee Schedule. b) The current signal maintenance annual rate is $1400 per signal to include all equipment and staff hours to conduct work specified in this agreement and will be effective July 1, 2011 at a prorated annual fee. The City will be billed at the 2010 annual rate of $1250 per signal for the first two quarters of 2011 and at the annual rate of $1400 per signal starting on July 1, 2011 through December 31, 2011. c) In the event that a new signal is installed during the course of the year and the City requests County maintenance of the new signal, the cost will be $1600 for initial set up. This cost is based on current County hourly rates, including work overhead and benefits for staff, and County equipment rates. A pro-rated annual maintenance fee will begin the first calendar quarter after the signal is operational. d) Statements will be sent quarterly. The County will send an annual itemized list of materials used for maintenance. The City shall tender payment to the County within 30 days after receipt of statements. 9 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 e) The County will bill for services beyond those covered in a. b, and c, under an Hourly rate for equipment and labor using Dakota County's current "Financial Services" standard rates as follows: • Hourly rate will apply to travel time and on-site operation/application time. • Actual materials used during the process. • Standard materials overhead (handling) charge - Current rate is ten per cent (10%) which is subject to change based on financial services assessment annually. 6. Amendments. Any amendment to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 7. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. 8. Waiver. No person engaged in the work to be performed by the County shall be considered an employee of the City. Any claims that arise under the Worker's Compensation Act of this State on behalf of any County employee, while so engaged on any of the work called for in this agreement shall not be the obligation or responsibility of the City. 9. Audits. Pursuant to Minnesota Statutes 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the City and the County Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 relevant to this Agreement are subject to examination by the County or City and either the Legislative Auditor or the State Auditor as appropriate. The City and the County agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 10. Terms and Conditions. This agreement may be terminated by either party with or without cause. The County agrees to provide written notice of termination to be effective not sooner than one (1) year after the date of written notice to the City. The City agrees to provide written notice to the County by July 15 to be effective the following January 1 if the County's services are no longer desired. 11. Rights and Remedies. The rights and remedies provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. 12. Integration. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the traffic signals; whether written or oral. 10 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: By Public Works Director Mayor APPROVED AS TO FORM: (SEAL) City Attorney RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: Assistant County Attorney COUNTY BOARD RESOLUTION CITY OF LAKEVILLE DAKOTA COUNTY No.: 11-368 Date: August 2, 2011 11 Traffic Signal Maintenance Agreement DC Contract No. 14543 January 11, 2012 City Clerk Date By County Engineer Physical Development Director EXHIBIT 1 CITY SIGNAL LIST 1, 175 St. W. and Kenrick Avenue/Junelle Path 2. Holyoke Avenue and 207 St. W. EXHIBIT 2 AUTHORIZED PERSONNEL TO REQUEST SIGNAL MAINTENANCE 1 Public Works Director 2. City Engineer 3. Assistant City Engineer 4. Streets Superintendent 5. Street Supervisor 6. Streets Lead 7. Fleet Lead