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Home My WebLink About20180709 - VI-08 - JPA Dynamic Speed Sign on County Rd. 42 Near W 1st St. City Council Memorandum To: Mayor Hicks & City Council Members From: Nick Egger – Public Works Director Date: July 2, 2018 Item: Approve Entry into Joint Powers Agreement with Dakota County – Dynamic Speed Sign on County Road 42 near W 1st Street Council Action Requested: Enclosed for Council consideration is the final draft of a joint powers agreement with Dakota County for the installation of a new dynamic speed sign along County Road 42 for eastbound traffic at the 45MPH to 30MPH transition near the east end of the Regina Hospital Campus. Background Information: During a joint workshop with Dakota County Transportation Department staff and Commissioner Mike Slavik in September 2017, the City expressed concerns with traffic speeds along County Road 42 and looked to the County to assist with encouraging motorists to abide by the posted speed limits. To that end, the County was supportive of the concept of installing a dynamic speed sign (one with displays the current travel speed of each approaching vehicle) at the location where the speed limit changes from 45MPH to 30MPH for eastbound traffic. The County is currently soliciting bids for the installation of the sign, and work is expected later in the summer or early in the fall. Prior to that, the City has agreed to reposition a short segment of concrete sidewalk in order to widen the boulevard space and provide adequate room for the sign foundation and proper clearances from the roadway sidewalk. The attached joint powers agreement outlines each party’s responsibilities. Per established County cost- sharing policy on transportation related expenses, the City will be responsible for 45% of the total project cost. We have budgeted for this expense in the 2019 budget requests and the City would be required to pay within 120 days of receipt of the final invoice. Financial Impact: The project has a total estimated cost of around $25,000, meaning that in the end it is expected that the City’s share of expenses will be around $11,000-$12,000. Staff Recommendation: Staff is recommending the Council approve the JPA, and authorize the Mayor’s and City Clerk’s signatures to be affixed. Attachments: x Project Map x Labeled Site Photo Dakota County Contract # C0030482 1 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF HASTINGS FOR COUNTY PROJECT CP 42-153 SIDEWALK MODIFICATIONS AND INSTALLATION OF DYNAMIC SPEED SIGN 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 Hastings, referred to in this Agreement as "The City;" and witnesses the following: WHEREAS, under Minnesota Statutes Section 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 modify a sidewalk and install a dynamic speed sign at the intersection of County State Aid Highway 42 and 500’ northwest of 1st street (the Project): NOW, THEREFORE, it is agreed that the County and the City will share Project responsibilities and jointly participate in the costs associated with the Project and related activities as described by the following sections: 1. Scope of Work. The City will be responsible for the sidewalk modifications, including design, plans and construction, and the County will be responsible for the installation of the dynamic speed sign and coordination of electric services. City agrees to coordinate the location of the dynamic speed sign and electric services with the County. 2. Payment. The cost of the Project shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. a. The City will be the lead and administer the contract for sidewalk relocation 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 Public Works Director. The City will bill the County for its share of the Project costs. b. The County will be the lead and administer the contract for the dynamic speed sign and act as the paying agent for all payments to the contractor. Payments to the contractor will be made as Dakota County Contract # C0030482 2 the project work progresses and when certified by the County Engineer. The County will bill the City for its share of the Project costs. c. 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 120 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 question will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 3. Dynamic Speed Sign Energy. Upon completion of the project, the County will be responsible for the electrical power necessary for the operation of the dynamic speed sign in accordance with County policies included in the County’s current Transportation Plan as adopted, replaced or otherwise modified at any given time. 4. Maintenance. Upon completion of the Project, the City will be responsible for sidewalk maintenance in accordance with adopted County policy and Storm Sewer Maintenance Agreement No. C0025414. The County will maintain the dynamic speed sign. 5. 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. Absent an amendment, however, in no event will this Agreement continue in effect after Dec. 31, 2018. 6. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Dakota County Transportation Director/County Engineer 14955 Galaxie Avenue Apple Valley, MN. 55124 (952) 891-7102 Nick Egger (or successor) Public Works Director 101 4th Street East Hastings, MN 55033 (651) 480-2370 7. 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 City relevant to this 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 City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement 8. 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. The City agrees to defend, indemnify, and hold harmless the County against any and all Dakota County Contract # C0030482 3 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. 9. Acts of Employees. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City 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 employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County 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 employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 10. Data Practices. The parties, their agents, employees and any subcontractors of either party in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. 11. Termination. This agreement may be terminated by the County or the City, with or without cause, upon 60 days’ written notice to the authorized agent of the other County. 12. Independent Contractor. It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a partnership, a joint venture, or an association between the County and the City. The County and the City, their employees, agents, subcontractors or representatives shall not be considered employees, agents or representatives of either the County or the City. The County and the City shall maintain, in all respects, their present control over the means and personnel by which this agreement is performed. 13. Notices. Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the authorized agent of the County at the address stated herein. 14. Changes. The parties agree that no change or modification to this agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, and duly Dakota County Contract # C0030482 4 executed by an authorized agent of the County. The execution of the change shall be authorized and signed in the same manner as for this agreement. 15. Separability. In the event any provision of this agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 16. Entire Agreement. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the City relating to the subject matter hereof. [SIGNATURE PAGE TO FOLLOW] N:\Highway\Agreements\2018\42-153 Dynamic Speed Sign Hastings C0030482.docx 5 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF HASTINGS RECOMMENDED FOR APPROVAL: __________________________ By_________________________ Public Works Director Mayor (SEAL) By_________________________ City Clerk Date_______________________ --------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By Physical Development Director __________________________ Date________________ County Engineer APPROVED AS TO FORM: Assistant County Attorney Date KS-18-279 COUNTY BOARD RESOLUTION No. 18-303 Date: June 5, 2018 RECOMMENDED FOR A _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Public Workrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrs Direeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeectctctctctctctcttctctcttctcttttctctctctttctctttctctctcctctctcctctcttctctccttccctctcttttccttctctttctcttctctctttcttcttctctctctctcctctttccctctctctccctttor (SSEAALL))))))))))))))))))))))) Co un t y R o ad 4 2 Regina Hospital Campus Dynamic Speed Sign Location Facing Eastbound Traffic at 45MPH to 30MPH Transition W 1st Street !( County Road 42 Dynamic Speed Sign Joint Powers Partnership between City of Hastings and Dakota County Dynamic Speed Sign would replace existing static sign in approximately same location. Regina Senior Living Facility Eastbound