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$5,000 Municipal State Aid Fund
Dakota County Contract Nos - AV C0027045
Lakeville C0027046
Rosemount C0027047
JOINT POWERS AGREEMENT FOR
ENGINEERING, HIGHWAY CONSTRUCTION AND SIGNAL REVISIONS
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF APPLE VALLEY
AND
THE CITY OF LAKEVILLE
AND
THE CITY OF ROSEMOUNT
DAKOTA COUNTY PROJECT NO. 42-119
STATE PROJECT NUMBER: 019-642-050, 019-623-029
MINNESOTA PROJECT NUMBER: CMAQ 1915 (182)
CITY OF LAKEVILLE PROJECT NO. 15-06
TRAFFIC SIGNAL AGREEMENT NO. 15-04
SYNOPSIS: Dakota County Transportation Department, City of Apple Valley, City of Lakeville, and City
of Rosemount agree to install fiber optic cable for signal interconnect, traffic monitoring cameras, and
revise the traffic control signal systems along County State Aid Highway (CSAH) 42 between Redwood
Drive and Chippendale Avenue and along CSAH 23 (Cedar Avenue) between Glacier Way and 140th
Street in the cities of Apple Valley, Lakeville, and Rosemount, Dakota County.
CP 42-119
November 13, 2015
2
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this
Agreement as the "County", the City of Apple Valley, referred to in this Agreement as " Apple Valley", the
City of Lakeville, referred to in this Agreement as “Lakeville”, and the City of Rosemount, referred to in
this Agreement as “Rosemount” (collectively the “Cities”);
WHEREAS, under Minnesota Statutes Sections 162.17, subdivision 1 and 471.59, subdivision 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 install fiber optic cable for signal interconnection, install
traffic monitoring cameras, and revise the existing traffic control signals at intersections along County
State Aid Highway (CSAH) 42 between Redwood Avenue in Apple Valley and Chippendale Avenue in
Rosemount, Dakota County, and install traffic monitoring cameras, and revise the existing traffic control
signals at intersections along County State Aid Highway (CSAH) 23 between Glacier Way in Lakeville
and 140th Street in Apple Valley, Dakota County in accordance with the plans and specifications for the
above referenced Project, the “Project”; and
WHEREAS, Federal funding has been programmed which will cover a portion of the costs for the traffic
signal interconnect, monitoring equipment and signal revisions; and
WHEREAS, this Agreement supplements the existing signal agreements which will remain in full force
and effect after completion of the signal revisions; and
WHEREAS, the County and Cities will share Project responsibilities; and after deducting Federal funding,
will jointly participate in Project costs associated with engineering, installation of fiber optic cable and
monitoring equipment and traffic 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.
The Cities’ 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.
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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 installation of fiber optic signal
interconnect, traffic monitoring cameras, signal system revisions, and all related incidental items shall be
split shared on the County’s and Cities’ share of the final construction costs after deducting other County
funding.
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. After deducting Federal
and other County funding, the Construction Cost of the installation of fiber optic signal interconnect, traffic
monitoring cameras, signal system revisions, and all related incidental items shall be shared, in the
amount of fifty-five percent (55%) by the County and forty-five percent (45%) by each of the Cities for the
portion of the Project constructed within its city limits except for the intersections as defined below. Costs
shall be allocated based on improvements within each City and each City solely responsible for their
respective share.
CSAH 42 and CSAH 33 (Diamond Path) – Dakota County 55%
City of Apple Valley 22.5%
City of Rosemount 22.5%
CSAH 23 (Cedar Ave) and CSAH 46 (160th St) - Dakota County 55%
City of Apple Valley 22.5%
City of Lakeville 22.5%
4. County Furnished Materials and Labor. Upon completion of the work and computation of the
cost of County furnished materials and labor, the County shall invoice each City for their respective share
of the cost of materials furnished and labor by the County after deducting Federal and other County
funding.
5. Traffic Signal and Interconnect Revisions. The County, by contract, shall install fiber optic cable
for signal interconnection, install traffic monitoring cameras, and revise the existing traffic control signals
at intersections along County State Aid Highway (CSAH) 42 between Redwood Drive in Apple Valley and
Chippendale Avenue in Rosemount, Dakota County, and install traffic monitoring cameras, and revise the
existing traffic control signals at intersections along County State Aid Highway (CSAH) 23 between
Glacier Way in Lakeville and 140th Street in Apple Valley, Dakota County. This agreement supplements
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the existing signal agreements which will remain in full force and effect after completion of the signal
revisions provided for in this Agreement.
6. Traffic Monitoring Camera Operation and Maintenance. After completion of the project, the
County will be responsible for operating the cameras for traffic monitoring and for maintenance costs of
the traffic monitoring cameras. The electrical power necessary for the operation of the traffic monitoring
cameras will be shared between the County and Cities as defined for Signal Energy Costs within the
existing traffic signal agreements.
7. Fiber Optic Conduit. The County will be responsible for all costs to install a separate fiber optic
conduit (separate from the signal interconnection identified in paragraphs 3 and 5) along CSAH 42 as part
of the Project.
8. Fiber Optic Cable. The County will be responsible for all costs to install fiber optic cable strands
over the six strands designated for traffic signal interconnection along CSAH 42 as part of the Project.
The County will be responsible for operation and maintenance of the fiber optic cable for traffic signal
interconnection and the County’s fiber optic cable network.
9. Project Cost Updates. The County will provide updated cost estimates to the City showing the
County and City shares of Project costs annually at the time of Capital Improvement Program
development. Updated cost estimates will also be provided by the County to the City at the following
times:
prior to approval of the appraised values for any necessary right of way acquisitions,
prior to advertising a construction contract,
after bid opening (prior to contract award),
during construction if total contract changes exceed $100,000,
once per year following the construction season until the Project is complete.
Project cost estimate updates include actual and estimated costs for engineering, right of way acquisition,
utility relocation and construction.
10. 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 each City for their respective
share after deducting Federal and other County funding 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
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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.
11. 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 Cities agree to make no changes to the intersection’s operations through pavement marking, signing,
or other construction measures beyond routine maintenance except with the written approval of the
County. The Cities acknowledge 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.
11. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements
that affect the Project cost participation must be approved by appointed representatives of all Parties prior
to execution of work. For the purposes of this section, the appointed representative for the City of Apple
Valley is Brandon Anderson, Acting City Engineer; the appointed representative for the City of Lakeville is
Zachary Johnson, City Engineer, the appointed representative for the City of Rosemount is Patrick
Wrase, City Engineer and the County’s appointed representative is Ross Beckwith, Construction
Engineer, or their successors. All Parties shall endeavor to provide timely approval of change orders and
supplemental agreements so as not to delay construction operations.
13. 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.
14. Effective Dates. 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. Except for on-going operation and maintenance activities including
traffic signal interconnection and traffic monitoring cameras, in no event will this Agreement continue in
effect after December 31, 2016, unless the parties mutually agree to an extension of the project term.
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15. 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, each City will obtain a permit from the
County for all work within County right of way and will be subject to all permit conditions. If any City fails
to have the highway properly restored, the County Engineer may have the work done and the affected
City shall pay for the work within 30 days following receipt of a written claim by the County.
16. Rules and Regulations. The County and the Cities 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.
17. Indemnification. The County agrees to defend, indemnify, and hold harmless the Cities 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 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 Cities agree 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 Cities are
responsible, including future operation and maintenance of facilities owned by the Cities and caused by or
resulting from negligent acts or omissions of the Cities 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 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.
18. Waiver. Any and all persons engaged in the work to be performed by the County shall not be
considered employees of the Cities 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 Cities. Any and all
persons engaged in the work to be performed by the Cities 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 Cities’ employees while so
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engaged on any of the work contemplated herein shall not be the obligation or responsibility of the
County.
19. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and
accounting procedures and practices of the County and each City relevant to the Agreement are subject
to examination by the County or the City and either the Legislative Auditor or the State Auditor as
appropriate. The County and the Cities agree to maintain these records for a period of six years from the
date of performance of all services covered under this Agreement.
20. 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 Cities 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.
21. Authorized Representatives. The authorized representatives for the purpose of the administration
of this Agreement are:
Mark Krebsbach (or successor)
Dakota County Engineer
14955 Galaxie Avenue,
Apple Valley, MN 55124-8579
(952) 891-7102
Mark.Krebsbach@co.dakota.mn.us
Brandon Anderson (or successor)
City of Apple Valley Acting City Engineer
7100 147th St W.
Apple Valley, MN 55124
(952) 953-2490
banderson@ci.apple-valley.mn.us
Zachary Johnson
City of Lakeville Engineer (or successor)
20195 Holyoke Avenue
Lakeville, MN 55044
(952) 985-4501
zjohnson@lakevillemn.gov
Patrick Wrase
City of Rosemount Public Works Director/ City Engineer (or successor)
2875 145th Street West
Rosemount, MN 55068
(651) 423-4411
Patrick.Wrase@ci.rosemount.mn.us
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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. Any party 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.
22. Data Practices. With respect to any data that it possesses regarding the Agreement, the County
and City agree to comply with all applicable provisions of the Minnesota Data Practices Act contained in
Minnesota Statutes Chapter 13, as the same may be amended from time to time.
23. Relationship of the Parties. Nothing contained in this Agreement is intended or should be
construed as creating or establishing the relationship of co-partners or joint ventures between the County
and the City, nor shall the County be considered or deemed to be an agent, representative, or employee
of the City in the performance of this Agreement. While engaging in the performance of this Agreement,
personnel of the City shall not be considered employees of the County, and are not entitled to any
compensation, rights, or benefits of any kind whatsoever form or by the County,
24. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its
breach, are subject to the laws of the State of Minnesota, and shall be venued in Dakota County,
Minnesota or the Federal Court in Ramsey County, as appropriate.
[SIGNATURE PAGE TO FOLLOW]_.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly
authorized officials.
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
By
Acting City Engineer Mayor
APPROVED AS TO FORM: (SEAL)
By By
City Attorney City Clerk
Date
----------------------------------------------------------------------------------------------------------------------------
CITY OF LAKEVILLE
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
City Engineer Mayor
(SEAL)
By_________________________
City Clerk
Date_______________________
CP 42-119
November 13, 2015
10
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
Public Works Director / City Engineer Mayor
APPROVED AS TO FORM: (SEAL)
By By
City Attorney City Clerk
Date
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DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: By
Physical Development Director
__________________________ Date________________
County Engineer
APPROVED AS TO FORM:
Assistant County Attorney Date
COUNTY BOARD RESOLUTION
No. 14-456 Date: September 23, 2014