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HomeMy WebLinkAboutItem 06.f Date: February 20, 2018 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND THE CITY OF APPLE VALLEY FOR ENGINEERING, HIGHWAY CONSTRUCTION AND TRAFFIC CONTROL SIGNAL SYSTEM REVISIONS ALONG CSAHs 31/46 Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County and the City of Apple Valley for Engineering, Highway Construction and Traffic Control Signal System Revisions along County State Aid Highways 31 and 46, City Project 17-03. Overview The County proposes traffic control signal system improvements along County State Aid Highway (CSAH) 31 (Pilot Knob Road) from 170th Street to McAndrews Road (Apple Valley), and CSAH 46 (160th/162nd Street) from Kenrick Avenue to Pilot Knob Road. Proposed improvements include installation of traffic monitoring equipment and fiber optic cable for traffic signal interconnection, and traffic control signal system equipment upgrades. The County is the lead agency for the project. Construction is programmed for 2018; traffic control signal system timing implementation is anticipated in 2019. The Joint Powers Agreement establishes County, Apple Valley and Lakeville project responsibilities and cost participation. Primary Issues to Consider • The overall project is approved for $1,075,900 in Federal funding. Lakeville is responsible for 45% of its respective share of the project costs after deducting Federal funding. Lakeville’s estimated project cost is $105,000. Funding source is Communications Fund. Supporting Information • Joint Powers Agreement (Dakota County Contract No. C0029418) Financial Impact: $105,000 Budgeted: Y☒ N☐ Source: Communications Fund Related Documents: Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Zach Johnson, City Engineer Dakota County Contract Nos - AV C0029417 Lakeville C0029418 JOINT POWERS AGREEMENT FOR ENGINEERING, HIGHWAY CONSTRUCTION AND TRAFFIC CONTROL SIGNAL SYSTEM REVISIONS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF APPLE VALLEY AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 31-87 STATE PROJECT NUMBER: 019-030-009 CITY OF APPLE VALLEY PROJECT NO. 2015-116 CITY OF LAKEVILLE PROJECT NO. 17-03 SYNOPSIS: Dakota County Transportation Department, the City of Apple Valley and the City of Lakeville agree to install fiber optic cable for traffic control signal system interconnection, traffic monitoring equipment, and revise the existing traffic control signal systems along County State Aid Highway (CSAH) 46 from Kenrick Avenue to CSAH 31 and along CSAH 31from 170th Street to CSAH 38 in the Cities of Apple Valley and Lakeville, Dakota County. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 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", and the City of Lakeville, referred to in this Agreement as “Lakeville”, and collectively as the “Cities”; WHEREAS, under MINNESOTA STATUTES §§ 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 install fiber optic cable for traffic control signal system interconnection, install traffic monitoring equipment, and revise existing traffic control signal systems, together with all related incidental items, along County State Aid Highway (CSAH) 46 from Kenrick Avenue to CSAH 31 and along CSAH 31 from 170th Street to CSAH 38 in the Cities of Apple Valley and Lakeville, Dakota County, the “Project”; and WHEREAS, Federal funding in the anticipated amount of $1,075,900 has been programmed which will cover a portion of the Project costs; and WHEREAS, this Agreement supplements existing traffic signal agreements which will remain in full force and effect after completion of the Project; 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 traffic monitoring equipment and traffic control signal revisions, and related activities as set forth in this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Plans and Specifications. The County is the lead agency for design of the Project and shall prepare the plans, specifications, and contract documents, consistent with State Aid design standards and the Dakota County Transportation Plan. The Cities’ shall approve the plans and specifications prior to advertising for bids. 2. Engineering, Contract Administration and Inspection Costs. The County shall perform the engineering, contract administration, and inspection required to complete the Project. 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 for the Project shall be shared by the County’s and Cities’ in the same manner as set forth in Paragraph 4.for Construction Costs. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 3 3. Traffic Control Signal System Interconnection and Revisions. The County, by contract or other means, shall construct the Project. This Agreement supplements existing traffic signal agreements which will remain in full force and effect after completion of the Project. 4. Construction Costs. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. The contract cost of the construction and, , the cost of all County furnished labor, materials, and equipment rental required to complete the Project shall constitute the actual "Construction Cost" and shall be referred to as such in this Agreement. After deducting Federal funding, the Construction Cost for the Project shall be paid for in the following manner: 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 defined below. Costs shall be allocated based on improvements within each City and with each City solely responsible for their respective share. CSAH 46 (160th Street) and Highview Avenue/Garden View Drive CSAH 46 (160th Street) and CSAH 23 (Cedar Avenue) CSAH 46 (160th Street) and Galaxie Avenue CSAH 46 (160th Street) and Foliage Avenue CSAH 46 (160th Street) and Flagstaff Avenue CSAH 46 (160th Street) and CSAH 31 (Pilot Knob Road) Dakota County’s Share = 55.0% Apple Valley’s Share = 22.5% Lakeville’s Share = 22.5% 5. Right-of-Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way, including relocations, and will acquire all right of way for City water and sanitary sewer mains and appurtenances, sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project. Except as set forth below, the costs of acquiring highway right of way, including right of way for drainage inlets and outlets, shall be shared in the amount of 55% by the County and 45% by the Cities for the portion of any right of way acquired within its City limits. The Cities shall convey to the County, at no cost, before construction of the Project begins, all necess ary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent city-controlled real property for Project purposes. Upon completion of the Project, the ownership of the drainage and ponding easements and permanent right of way for City streets shall be transferred to the Cities. Any right of way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the Cities. If any transfer of property rights requires a lot split, the Cities hereby consent to such lot splits to accomplish the Project. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 4 6. Traffic Monitoring Equipment Energy, Operation and Maintenance. Upon final acceptance of the Project, the County will be responsible for operating the traffic monitoring equipment and for on-going maintenance and repair costs of the traffic monitoring equipment. The electrical power necessary for the operation of the traffic monitoring equipment will be shared between the County and each City 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, unrelated to the operation of the traffic control signal systems and separate from the conduit necessary for the traffic control signal system interconnection identified in Paragraph 3, 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 12 strands designated for traffic control signal system interconnection as part of the Project. The County will be responsible for operation and maintenance of the fiber optic cable for traffic control signal system interconnection and the County’s fiber optic cable network. 9. Project Cost Updates. The County will provide updated cost estimates to the Cities showing the County’s and Cities’ share of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the County to the Cities 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 by the County Engineer. The County, in turn, will bill each City for its share of the Project costs on a quarterly basis. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall 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 disputed by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in dispute. Payment of any outstanding amounts will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 5 11. Operation. The geometric configuration of intersections, including lane alignments and traffic assignments for all approaches, traffic signing, signal phasing and traffic operations will be determined by the County in cooperation with the Cities. The Cities agree to make no changes to intersection operations through pavement marking, signing, or other construction measures beyond routine maintenance except with the written approval of the County. 12. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all parties prior to execution of work. 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, 2020, unless the parties mutually agree to an extension of the Project term. 15. Final Acceptance. Final acceptance of the Project must be approved by all parties to the Agreement. 16. Pavement Maintenance. Upon final acceptance of the Project, the Cities shall be responsible for all pavement maintenance within each City’s respective right-of-way and the County shall be responsible for all pavement maintenance within County right-of-way unless necessitated by a failure of a municipal utility system or installation of new facilities. 17. Subsequent Excavation. Upon final acceptance of the Project, and after expiration of the warranty period regarding repair, if excavation within County right-of-way is necessary to repair or install water, sewer, or other city utilities, the respective City shall restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, s ewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 6 18. Rules and Regulations. The County and the Cities shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 19. 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. Apple Valley 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 Apple Valley and/or those of its employees or agents. Lakeville 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 Lakeville and/or those of its employees or agents. All parties to this Agreement recognize that liability for any tort 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 t o allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the Cities as additional insured in the contract documents. 20. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of either City, for any purpose, including Worker’s Compensation, 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 either City. Any and all persons engaged in the work to be performed by either City shall not be considered employees of the County or the other City for any purpose, including Worker’s Compensation, and 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 any Cities’ employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibil ity of the County or the other City. 21. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the Cities relevant to the Agreement are subject to examination by the County or the Cities 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. CP 31-87 AV No. C0029417 Lakeville No. C0029418 February 7, 2018 7 22. 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 design and construction of the Project; whether written or oral. All agreements for future maintenance or cost responsibilities memorialized in existing traffic signal agreements shall survive and continue in full force and effect after completion of the Project. 23. 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 Matt Saam City of Apple Public Works Director (or successor) 7100 147th St W. Apple Valley, MN 55124 (952) 953-2400 msaam@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 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. [SIGNATURE PAGE TO FOLLOW] N:\Highway\Agreements\2017\31-87 AV C0029417 Lakeville C0029418.docx 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 Public Works Director Mayor ) By City Clerk Date IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: __________________________ By_________________________ City Engineer Mayor (SEAL) By_________________________ City Clerk Date_______________________ IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By Physical Development Director __________________________ Date________________ County Engineer APPROVED AS TO FORM: Assistant County Attorney Date KS-17-359 & 360 COUNTY BOARD RESOLUTION No. 17-411 Date: August 1, 2017