HomeMy WebLinkAboutItem 06.dDate: 2 April 2012
Approve Joint Powers Agreement with Dakota County for Engineering, Highway
Construction and Traffic Signal Revisions at the Intersection of Dodd Boulevard
(CSAH -9) and Kenwood Trail /202 Street (CSAH -50)
City Project No. 12 -10
Dakota County Project No. 09 -51
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Joint Powers
Agreement (JPA) with Dakota County for Engineering, Highway Construction and Signal
Revisions at the intersection of Dodd Boulevard (CSAH -9) and Kenwood Trail /202 Street
(CSAH -50).
Overview
Attached is a JPA with Dakota County that identifies the project responsibilities and costs
associated with the traffic signal revisions. The CSAH-9/CSAH-50 intersection currently has
designated left -turn signals on the eastbound and westbound lanes of Kenwood Trail /202
Street. The JPA provides for the installation of designated left -turn signals on the
northbound and southbound lanes of Dodd Boulevard to address traffic safety concerns.
To further enhance safety and improve traffic flow at the intersection, the project also
includes the installation of flashing yellow left -turn arrows at all four intersection approaches.
Flashing yellow arrows allow motorists to turn left after yielding to oncoming traffic without
having to wait for a green arrow. Flashing yellow arrows have been shown to enhance
safety and improve traffic flow and will operate as conditions permit (i.e. during low traffic
volumes).
The City will be responsible for 50% of the engineering and construction costs of the
project. The City's estimated cost is $44,750. The City will continue to be responsible for
maintenance and energy costs of the intersection lighting. The County will continue to be
responsible for maintenance and energy costs of the traffic signal. The project is
programmed for construction in 2012.
Primary Issues to Consider
• Is the proposed project consistent with the City's Capital Improvement Plan? The
project is consistent with the City's Capital Improvement Plan.
Supporting Information
® A copy of the Joint Powers Agreement is attached (Contract No. C0023615)
® Minnesota Department of Transportation Brochure (Flashing Yellow Arrows)
Notes:
Zachary Johnson
Interuireity Engineer
Item No.
Financial Impact: $44,750 Budgeted: Yes Source: Improvement Construction Fund
Related Documents (CIP, ERP, etc.): Lakeville and Dakota Co. 2012 -2016 Capital Improvement Plans
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JOINT POWERS AGREEMENT
DAKOTA COUNTY
DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
ENGINEERING, HIGHWAY CONSTRUCTION,
AND
SIGNAL REVISIONS
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR
DAKOTA COUNTY PROJECT NUMBER 09 -51
TRAFFIC SIGNAL AGREEMENT NO. 12 -02
CITY PROJECT NUMBER 12 -10
SAP: 019 -609 -020
FOR THE
Dakota County Contract # C0023615
Revisions to the traffic control signal at the intersection of County State Aid Highway (CSAH) 9
(Dodd Boulevard) and CSAH 50 (Kenwood Trail/202n Street), in accordance with the plans and
specifications for the above referenced project in Lakeville, Dakota County.
This Joint Powers Agreement ( "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 Sections 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, it is considered mutually desirable to revise the existing traffic control signal
at the intersection of CSAH 9 (Dodd Boulevard) and CSAH 50 (Kenwood Trail /202 Street), in
Lakeville, Dakota County, the "project "; and
WHEREAS, the County and the City will jointly participate in the costs of said
engineering and signal revisions; and
2
CP 9 -51, Contract C0023615
March 28, 2012
WHEREAS, this Agreement will not change any of the terms or conditions of the existing
signal Agreement No. 96 -02 which will remain in full force and effect after completion of the
signal construction, except as defined for intersection lighting maintenance and energy costs,
provided for in this Agreement; and
WHEREAS, the County and City will share project responsibilities; and jointly participate
in project costs associated with engineering, signal revisions, and related activities as set forth
in this agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Plans and Specifications. The County shall prepare the necessary plan sheets,
specifications, and proposals, consistent with State Aid design standards and the Dakota
County Transportation Plan. City approval of the plans and specifications is necessary prior to
CP 9 -51, Contract C0023615
March 28, 2012
advertising for bids. The County Board will award the contract for construction to the lowest
responsive and responsible bidder in accordance with state law.
2. Engineering and Inspection Costs. The County shall perform the engineering,
contract administration, and inspection required to complete the items of work specified in this
Agreement. The work described in this paragraph shall constitute "Engineering and Inspection"
and shall be referred to as such in this Agreement. Engineering and Inspection costs of the
signal system revisions and all related incidental items shall be shared in the amount of 50% by
the County and 50% by the City.
3. Construction Costs. The contract cost of the work and, if portions of the work are
not contracted, the cost of all labor, materials, and equipment rental required to complete the
work shall constitute the actual "Construction Cost" and shall be referred to as such in this
agreement. The Construction Cost of the signal system revisions and all related incidental
items shall be shared in the amount of 50% by the County and 50% by the City.
4. Signal Revisions. The County, by contract, shall revise the traffic control signal
system at CSAH 9 (Dodd Boulevard) and CSAH 50 (Kenwood Trail /202n Street).
5. County Furnished Materials. Upon completion of the work and computation of
the cost of County furnished materials, the County shall invoice the City for the City's share of
the cost of materials furnished by the County.
6. intersection Lighting Maintenance and Energy Costs. Upon completion of the
project, the City shall be responsible for maintenance and energy costs of the intersection
lighting at the intersection at CSAH 9 and CSAH 50 in accordance with the County's most
current Transportation Plan. Currently, all street light maintenance and energy costs are the
responsibility of the City. The City will perform or coordinate the lighting maintenance, receive
billings and pay for all routine maintenance (relamping) and energy costs for the project. The
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CP 9 -51, Contract C0023615
March 28, 2012
County will be responsible for up to 55% of intersection lighting replacement; the City will be
responsible for all remaining costs. Upon execution of this Agreement, the terms and conditions
set forth in section 6 shall supersede and terminate the intersection lighting maintenance and
energy cost provisions of previous Traffic Signal Agreement No. 96 -02.
7. Payment. The County will administer the contract and act as the paying agent
for all payments to the contractor. Payments to the contractor will be made as the project work
progresses and when certified for payment by the County Engineer. The County, in turn, will bill
the City for its share of the project costs. Upon presentation of an itemized claim by one agency
to the other, the receiving agency will reimburse the invoicing agency for its share of the costs
incurred under this agreement within 35 days from the presentation of the claim. If any portion
of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be
promptly paid and accompanied by a written explanation of the amounts in question. Payment
of any amounts in dispute will be made following good faith negotiation and documentation of
actual costs incurred in carrying out the work.
8. Operation. The geometric configuration of the intersection for both the main
roadway and side streets including lane alignments and traffic assignments for all approaches,
traffic signing, signal phasing and traffic operations will be determined by the County Engineer
through the County Traffic Engineer. The City agrees to make no changes to the intersection
operation through pavement marking, signing, or other construction measures beyond routine
maintenance except with the written approval of the County. The City acknowledges that the
County has the right to correct any changes made by the City to the signal and/or any
intersection approach (including city street approaches) that are made without the prior review
and approval of the County. Costs for correcting the unapproved changes will be paid for by the
City.
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CP 9 -51, Contract C0023615
March 28, 2012
9. Change Orders and Supplemental Agreements. Any change orders or
supplemental agreements that affect the project cost participation must be approved by both the
City and County prior to execution of work.
10. 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.
11. Effective Dates for Design and Construction of Project. This Agreement will be
effective upon execution by duly authorized officials of each governing body and shall continue
in effect until all work to be carried out in accordance with this Agreement has been completed.
Absent an amendment, however, in no event will this Agreement continue in effect after
December 31, 2013.
12. Subsequent Excavation. After completion of the project regarding installation,
and after expiration of the warranty period regarding repair, if excavation within the highway
right of way is necessary to repair or install water, sewer, or other city utilities, the City shall
restore the excavated area and road surface to its original condition at the time of the
disturbance. The City will obtain a permit from the County for all work within County right of way
and will be subject to all permit conditions.
13. Rules and Regulations. The County and the City shall abide by Minnesota
Department of Transportation standard specifications, rules and contract administration
procedures, and State statutes as applicable to carrying out the work contemplated in this
Agreement unless amended by the contract specifications.
14. 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, including future operation and maintenance of
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CP 9 -51, Contract C0023615
March 28, 2012
facilities owned by the County 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 for which the City is responsible, including future
operation and maintenance of facilities owned by the City 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.
In the event of any claims or actions filed against either party, nothing in this agreement shall be
construed to allow a claimant to obtain separate judgments or separate liability caps from the
individual parties.
15. Waiver. Any and all persons engaged in the work to be performed by the
County shall not be considered employees of the City and any and all claims that may or might
arise out of said employment context 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 or responsibility of the City. Any and all persons engaged in the work to be performed
by the City shall not be considered employees of the County for any purpose, including
Worker's Compensation, or any and all claims that may or might arise out of said employment
context on behalf of said employee while so engaged. Any and all claims made by any third
party as a consequence of any act or omissions of the part of the City's employees while so
engaged on any of the work contemplated herein shall not be the obligation or responsibility of
the County.
16. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the County and the City relevant to the
Agreement are subject to examination by the County, the City, and either the Legislative Auditor
or the State Auditor as appropriate. The County and the City agree to maintain these records
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CP 9 -51, Contract 00023615
March 28, 2012
for a period of six years from the date of performance of all services covered under this
Agreement.
17. Integration and Continuing Effect. The entire and integrated agreement of the
parties contained in this Agreement shall supersede all prior negotiations, representations or
agreements between the County and the City regarding the project; whether written or oral. All
agreements for future maintenance or cost responsibilities shall survive and continue in full
force and effect after completion of the signal revisions provided for in this Agreement.
18, Authorized Representatives. The County's authorized representative for the
purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer,
14955 Galaxie Avenue, and Floor, Apple Valley, MN 55124 -8579, phone (952) 891 -7100, or his
successor. The City's authorized representative for the purpose of the administration of this
Agreement is Zachary Johnson, Interim City Engineer, 20195 Holyoke Avenue, Lakeville, MN
55044, phone (952) 985 -4505, or his successor. All notices or communications required or
permitted by this Agreement shall be either hand delivered or mailed by certified mail, return
receipt requested, to the above addresses. Either party may change its address by written
notice to the other party. Mailed notice shall be deemed complete two business days after the
date of mailing.
In all other respects, except as defined in section 6 of this agreement, the terms and conditions
set forth in traffic signal Agreement No. 96 -02 are effective and binding between and among the
parties.
7
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
RECOMMENDED FOR APPROVAL:
By
Interim City Engineer Mayor
County Engineer
COUNTY BOARD RESOLUTION
No. 12 -022 Date January 10, 2012
CITY OF LAKEVILLE
(SEAL)
DAKOTA COUNTY
By
City Clerk
Date
RECOMMENDED FOR APPROVAL: By
Physical Development Director
Date
APPROVED AS TO FORM:
County Attorney Date