HomeMy WebLinkAboutItem 06.e
Date: November 4, 2019 Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
TRAFFIC CONTROL SIGNAL SYSTEM AT DODD BOULEVARD AND GLACIER WAY
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Dakota County for the Traffic Control Signal System at County State Aid Highway (CSAH)
9 (Dodd Boulevard) and Glacier Way, City Project 18-08.
Overview
The City and County are partnering to operate and maintain a traffic control signal system at the
intersection of County State Aid Highway (CSAH) 9 (Dodd Boulevard) and Glacier Way. The new
traffic control signal system was placed into operation June 27, 2019, to improve intersection
operations, improve pedestrian crossing safety and provide for increasing traffic levels. Provisions
for the design and construction of the traffic control signal system were established in the 2003
Joint Powers Agreement between the City and County for the Dodd Boulevard (Cedar Avenue to
Gerdine Path) reconstruction project that was constructed with the Crossroads development.
Primary Issues to Consider
• The JPA establishes City and County responsibilities and cost participation for operation
and maintenance. The County is responsible for traffic signal control system maintenance
and timing; the City is responsible for electrical power and maintenance of the street light
luminaires; and electrical power for the traffic control signal system is shared 50% between
the City and County.
Supporting Information
• Joint Powers Agreement (Contract No. C0031824)
Financial Impact: $0 Budgeted: Y☒ N☐ Source: Multiple Sources
Related Documents: 2003 JPA for Dodd Boulevard Reconstruction (County Res 02-310)
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Zach Johnson, City Engineer
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
1
JOINT POWERS AGREEMENT
FOR TRAFFIC SIGNAL SYSTEM
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR
DAKOTA COUNTY PROJECT NO. 9-58
CITY OF LAKEVILLE PROJECT NO. 18-08
SAP NO. 188-150-001
SYNOPSIS: Dakota County and the City of Lakeville agree to maintain and operate a traffic
control signal system at the intersection of County State Aid Highway (CSAH) 9 (Dodd
Boulevard) and Glacier Way.
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
2
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, subdivision 1 and 471.59, subdivision 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 City installed a permanent traffic control signal system at the intersection of
County State Aid Highway (CSAH) 9 (Dodd Boulevard) and Glacier Way in Lakeville, Dakota
County; and
WHEREAS, the traffic control signal system was constructed based on the 2003 Joint Powers
Agreement associated with Dakota County Project Number 9-32 and Lakeville Project Number
02-14, per Dakota County Resolution Number 02-310, June 4, 2002 outlining that the City would
be responsible for all costs associated with the project including signal installation; and
WHEREAS, the County and City will jointly participate in the maintenance, and operation of said
traffic control signal system with streetlights and emergency vehicle pre-emption as set forth in
this Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Signal Energy. Upon completion of the traffic control signal construction, the
County and the City shall be responsible for providing the necessary electrical power for the
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
3
operation of the traffic control signal (except streetlights). The County will receive the bill for the
electrical power of the traffic control signal and invoice the City for their portion as follows:
County’s Share = 50%
City’s Share = 50%
2. Signal Maintenance. Upon completion of said traffic control signal construction,
the County, upon being advised or made aware of the need for repairs to the signal, shall
maintain and keep in repair the signal system, except street lights, at the cost and expense of
the County.
3. Street Light Energy and Maintenance. Upon completion of the traffic control
signal construction, the City shall provide necessary electrical power for the operation of the
streetlights and will maintain the street lights, at the cost and expense of the City.
4. Mast Arm Signs. Upon completion of the traffic control signal construction, the
County shall maintain and keep in repair the mast arm mounted street name signs at the cost
and expense of the County.
5. Emergency Vehicle Pre-emption (EVP) System. The EVP system provided for in
this Agreement shall be installed, operated, maintained, or removed in accordance with the
following conditions and requirements:
a) Emitter units may be installed and used only on vehicles responding to an
emergency as defined in Minnesota Statutes Section 169.01, subdivision 5 and Section 169.03.
The City shall provide the County with a list of all vehicles equipped with emitter units.
b) Malfunction of the EVP System shall be reported to the County immediately.
c) In the event the EVP System or components are, in the opinion of the County,
being misused or the conditions set forth in paragraph a) above are violated, and such misuse
or violation continues after receipt by the City of written notice from the County, the County will
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
4
work with the City to address the concerns and bring use of EVP back into expected
compliance. In the even continued misuse occurs, the County will remove the EVP system.
6. Timing. Timing of the traffic control signal system shall be determined by the
County Engineer through the County Traffic Engineer. No changes to the system timing will be
made to the system except with the written approval of the County.
7. 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.
8. Rules and Regulations. The County and City shall abide by Minnesota
Department of Transportation and Federal Highway Administration rules and State statutes as
applicable to carrying out the work contemplated in this Agreement.
9. Indemnification. Each Party agrees to defend, indemnify, and hold harmless the
other Parties 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
Indemnifying Party and/or those of its employees or agents. All Parties to this Agreement
recognize that liability for any claims arising under this Agreement are subject to the provisions
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
5
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.
10. 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. The opposite situation shall also apply: the County shall
not be responsible under the Worker's Compensation Act for any employees of the City.
11. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the City and the County 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 City and County agree to maintain these
records for a period of six years from the date of performance of all services covered under this
Agreement.
12. 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 City and the County regarding the traffic signals; 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 construction provided for in this Agreement.
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
6
13. Authorized Representatives. The authorized representatives for the purpose of
the administration of this Agreement are:
Mark Krebsbach (or successor) Zach Johnson (or successor)
Dakota County Engineer Lakeville City Engineer
14955 Galaxie Avenue 20195 Holyoke Avenue
Apple Valley, MN 55124 Lakeville, MN 55044
(952) 891-7100 (952) 985-4500
Mark.krebsbach@co.dakota.mn.us zjohnson@lakevillemn.gov
[SIGNATURE PAGES TO FOLLOW]
Dakota County Contract #C0031824
County Project 9-58; City of Lakeville Project 18-08
November 4, 2019
7
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_______________________
---------------------------------------------------------------------------------------------------------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: By
Physical Development Director
__________________________ Date________________
County Engineer
__________________________
County Traffic Engineer APPROVED AS TO FORM:
County Attorney
KS-19-422
COUNTY BOARD RESOLUTION
No.19-736 Date: September 24, 2019