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HomeMy WebLinkAboutItem 06.iApril 10, 2013 g Item No. APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR ENGINEERING, HIGHWAY CONSTRUCTION AND TRAFFIC SIGNAL REVISIONS AT THE INTERSECTION OF 162 ST. (CSAH 46) AND KENRICK AVENUE April 15, 2013 City Council Meeting Pronosed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement (JPA) with Dakota County for Engineering, Highway Construction and Traffic Signal f\CVq WID at the intersection UI IOL - Street (I.SHt'I 40) and KeriflCk HVCrIUC, UtV YrU - IeCl 13 -05. Passage of this motion will establish City and County project responsibilities and costs associated with the traffic signal revisions. Oven'iew The existing traffic signals at the intersection of 162n' Street and Kenrick Avenue consist of the standard five -light display with a left -turn yield on green indicator. Dakota County will install new left -turn traffic signals that contain a four -arrow display with flashing yellow arrows at all four intersection approaches. The new signal allows motorists to turn left while oncoming traffic has a green light. Motorists with a flashing yellow arrow may turn left after yielding to oncoming traffic and pedestrians. Flashing yellow arrow sionais have been shown to enhance safety and improve traffic flow at intersections. Dakota County will program the flashing yellow arrows to operate at different times of the day to balance intersection operations with variable traffic volumes and maintain safety. Installation of the new signals is scheduled for 2013. The City will be responsible for 45% of the engineering, construction and inspection costs. Attached is a JPA with Dakota County that identifies the project responsibilities and costs. Primary Issues to Consider • What is the City's estimated cost? The estimated cost of the City's Share is $28,350. Supporting Information A copy of the Joint Powers Agreement is attached (Contract No. C0024888) Zac John ° n City gineer Financial Impact: $28,350 Budgeted: Yes Source: Pavement Management Related Documents (CIP, ERP, etc.): 2013-2 Improvement Plan Notes: Dakota County Contract C0024888 JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENTFOR ENGINEERING HIGHWAY CONSTRUCTION SIGNAL REVISIONS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COUNTY PROJECT NO. 46 -41 SAP: 019- 646 -009 CITY PROJECT NO. 13 -05 FOR THE Revisions to the traffic control signal at the intersection of Aunty State Ai Highway (CSAH) 46 (162 Street) and Kenrick Avenue, in accordance with the plans and specifications for the above referenced project in the City of Lakeville, Dakota County. CP 46 -41 Contract C0024888 March 25, 2013 THIS AGREEMENT, made and 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 or more 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 County State Aid Highway (CSAH) 46 (162nd Street)and Kenrick Avenue, in accordance with the plans and specifications for the above referenced project in the City of 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 WHEREAS, this Agreement will not change any of the terms or conditions of existing Traffic Signal Agreement No. 97 -01, which will remain in full force and effect after completion of the signal construction 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 advertising for bids. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. CP 46 -41 Contract C0024888 March 25, 2013 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 55% by the County and 45% 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 55% by the County and 45% by the City. 4. Signal Revisions. The County, by contract, shall revise the traffic control signal system at CSAH 46 (162nd Street) and Kenrick Avenue. 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 their share of the cost of materials furnished by the County 6. 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 their 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 their 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. 7. Operation. For the intersection of CSAH 46 and Kenrick Avenue, the geometric configuration 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 CP 46 -41 Contract C0024888 March 25, 2013 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. 8. Change Orders and Supplemental Agreements Any change orders or supplemental agreements that affect the project cost participation must be approved by both the County and City prior to execution of work. 9 Amendments Any amendment to this Agreement will be effective only after approval by all governing bodies and execution of a written amendment document by duly authorized officials of each body. 10. Effective Dates for Design and Construction of Project This Agreement will be effective upon execution by duly authorized officials of all governing bodies 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, 2014. 11. 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, sanitary 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. 12. 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. CP 46 -41 Contract C0024888 March 25, 2013 13. Indemnification The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising from the County carrying out its obligations under this Agreement that are caused by 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 from the City carrying out its obligations under this Agreement that are caused by or result from negligent acts or omissions of the City and /or those of the City's 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 any Party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 14. Employee Liability. 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. 15. 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 for a period of six years from the date of performance of all services covered under this Agreement. 16. Integration and Continuing Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or 5 CP 46 -41 Contract C0024888 March 25, 2013 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 17. 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, 3r Floor, Apple Valley, MN 55124 -8579, phone (952) 891 -7100, or his successor. The City of Lakeville authorized representative for the purpose of the administration of this Agreement is Zachary Johnson, City Engineer, 20195 Holyoke Avenue, Lakeville, MN 55044, phone (952) 985 -4501, 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. All parties may change its address by written notice to the other parties. Mailed notice shall be deemed complete two business days after the date of mailing. In all other respects, the terms and conditions set forth in Traffic Signal Agreement 97 -01 are effective and binding between and among all parties. [SIGNATURE PAGE TO FOLLOW] N 4 1 Lakevdlc r 00248F 0 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: City Engineer By Mayor (SEAL) By City Clerk COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: County Engineer Physical Development Director Date APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION No. 13 -107 Date February 26, 2013 KS -13 -130