HomeMy WebLinkAboutItem 10August 30, 2012
Approve Joint Powers Agreement with Dakota County for Engineering, Right -of -Way Acquisition and
Construction of the Kenwood Trail (CSAH -50) 1 185"' Street (CSAH -60) Roundabout, the Expansion of
Kenwood Trail from 185 Street to Jurel Way and the Expansion of 185t Street from Kenwood Trail to
Orchard Trail to Full 4 -Lane Divided Highways
City Project No. 09 -07 and Dakota County Project Nos. 50 -17 and 60 -21
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement (JPA) with
Dakota County for Engineering, Right -of -Way Acquisition and Construction of the Kenwood Trail (CSAH -50)
/ 185th Street (CSAH -60) Roundabout, the Expansion of Kenwood Trail from 185t Street to Jurel Way and
the Expansion of 185th Street from Kenwood Trail to Orchard Trail to Full 4 -lane Divided Highways.
Passage of this motion will result in establishing the City's project responsibilities and costs associated with
the intersection construction and highway expansion.
Overview
The City Council tabled a vote on the JPA at its August 20, 2012 meeting and asked Staff to gather
information in response to concerns expressed by residents and to confirm the County's commitment to
the project.
Staff contacted Dakota County and their project team to discuss the roundabout concept and the
residents' concerns, specifically the roundabout's impact on intersection access (i.e. gaps for access) and
traffic safety. Representatives from the County will provide a brief presentation responding to these
concerns and also outline the educational resources available to residents on driving in roundabouts.
Staff also contacted representatives from the City of Richfield to gather information from their experience
with multi -lane roundabouts. A summary of the discussion is attached as supporting information.
Primary Issues to Consider (See attached analysis of issues for responses)
• What were some of Richfield's experiences in constructing multi -lane roundabouts?
• What educational resources are available to residents who want to learn how roundabouts
work and how to drive in them?
Supporting Information (See attached)
• Joint Powers Agreement (Contract No. C0023593)
• March 5, 2012 City Council Agenda Memo
• August 20, 2012 City Council Agenda Memo
Zach / J
City E
Item No.
Financial Impact: $2,178,000 Budgeted: Yes Source: Municipal State Aid Fund
Related Documents: Lakeville and Dakota Co. 2012 -2016 Capital Improvement Plans
Notes:
Council Report 97-
Page 2
Staff Analysis of Issues
• What were some of Richfield's experiences in constructing multi -lane roundabouts?
Staff contacted representatives from the City of Richfield's Public Works and Public Safety
departments to discuss their experiences with multi -lane roundabouts. Below is a summary of the
discussions.
History
Richfield recently constructed multi -lane roundabouts at the intersections of 66` Street and
Portland and 66th Street and Cedar Avenue. The City is pleased with the results of the transportation
improvements and the majority of feedback they receive from residents is positive. Prior to
construction, the intersections exhibited significant congestion /delays and had a high number of
severe crashes. The City's Transportation Committee recommended multi -lane roundabouts over
expanded signalized intersections (i.e. dual left -turn lanes) in part because of the following study
results; reduced speeds allow roundabouts to move traffic safely and efficiently through an
intersection, roundabouts provide a significant reduction in the number of severe crashes and
roundabouts typically require less right -of -way impacts.
Emergency Services
The roundabouts have dramatically reduced the severity of crashes. Public safety officials also
indicated that the roundabouts are easy to maneuver and that drivers clear the intersection quickly
(the City has two public safety buildings - fire station and police station - that are located within one
block of a multi -lane roundabout). Public safety officials indicated that initially there was an
increase in the number of less severe crashes (i.e. fender bender). However, after the City
implemented public outreach /educational initiatives and as drivers acquired additional experience
driving in roundabouts, the number of less severe crashes has dramatically reduced.
Educational Resources
The City emphasized the importance of educating drivers how to maneuver in a roundabout. Staff
utilized several educational resources including; public open house meetings, a rollout plot of a
roundabout using matchbox cars and tricycles, and a website.
The City continues to monitor intersection operations of the multi -lane roundabouts. In 2012, the
City partnered with the University of Minnesota to determine if modifications to the signage and
pavement striping of the lanes would improve driver's behavior in yielding to both lanes and
maintaining lane discipline. The study is still in- progress.
• What educational resources are available to residents who want to learn how roundabouts
work and how to drive in them?
Dakota County conducted public information meetings on July 17th and July 31" of 2012 to share
the goals and objectives of the project and gather community input. They also developed
educational brochures, an animated roundabout driving simulation, a project website
(www.50and60.com) and videos on how to drive, walk and bike a roundabout. A link to the County
website is also displayed on the City of Lakeville website.
City staff is in the process of installing the animations and videos on Channel 16.
JOINT POWERS AGREEMENT
DAKOTA COUNTY
TRANSPORTATION DEPARTMENT
AGREEMENT FOR
ENGINEERING, RIGHT OF WAY AC OU!SITION AND CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR DAKOTA COUNTY PROJECT NOs, 50-17 and 60 -21
CITY OF LAKE-VILLE PROJECT NO. 09 -67
FOR THE
Dakota C ounty # 00023593
• Construction of a roundabout intersection at County State Ad Highway (CSAH) 50 (Kenwood Trail)
and CSAH 60 (185`" Street), the expansion of CSAH 50 from CSAH 60 to Jur& Way and the
expansion of CSAH 60 from CSAH 50 to Orchard Trail fo fuHi c -;any divided highways in Lakeville,
Dakota County.
2
C.?. 50 -17 and 60 -21
August 16, 2012
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in
this Agreement as "tee County "; and the City of Lakeville, referred to in this Agreement as "the
City "; and witnesses the following:
WHEREAS, under Minnesota Statutes Section 471.50, 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 pariicipatino governmental units may exercise one of Its powers on behalf
of the other governmental units; and
WHEREAS, it is considered mutually desirabie to construct a roundabout intersection at
County State Aid Highway (CSAH) 50 (Kenwood Trail) and CSAH 60 (F 85 Street), expand CSAH
50 from CSAH 60 to Murel Way and expand CSAH 60 from CSAH 50 to Orchard Trail to full 4 -lane
divided highways in Lakeville, Dakota County, the 'protect "; and
WHEREAS, the County and the City have included this project in their Capital Improvement
Programs and wilt jointly participate in the costs of said intersection construction and highway
expansion as set forth herein.
NOW, THEREFORE, it is agreed that the County and the City will share project
responsibilities and jointly participate in the project costs associated with intersection construction
and highway expansion and related activities as described in the foliowing sections:
_Engineering. Design engineering including all aspects of the protect (public, involvement,
education, preliminary /final design etc..), construction engineering, construction management,
construction inspection and ail related materials testing shall be shared in the amount of fifty -five
(55 %) by the County and forty -five (45 %) by the City.
2. Construction Items. The costs for the construction of the roundabout intersection at CSAH
50 and CSAH 60, and the expansion of CSAH 50 and CSAH 60 to 4 -lane divided highways shat
be shared in the amount of fifty -five (55 %) by the County and forty -five (45 %) by the City. Cost
sharing includes all highway construction items, mitigation required by state and federal permits
including accessibility requirements; storm sewer and other drainage facilities eligible for County
n
J
C.P. 50 -17 and 60-21
August 15, 2012
State Aid funding based on contributing flows; replacement or restoration of fences, landscaping
and driveways when affected by construction; replace or adjust sanitary sewer, water and storm
sewer systems, if reauired due to construction; relocating or adjusting privately owned utilities
when not performed at the expense of the utility; County's share of water pollution best
management practices, based on contributing flows, meeting National Urban Runoff Protection
(NURP) standards; installation of roundabout and design elements integral to the safe design and
operation of a roundabout; intersection lighting, and all other construction aspects outlined in the
plan except for elements as called out under this agreement or the current Dakota County
Transportation Plan.
0. Aesthetic dements. Aesthetic elements for the project consist or colored concrete and/or
concrete surface treatments in the boulevard, splitter stands and roundabout center circle, The
County will participate up to 50% of the cost of aesthetic elements up to a maximum amount of
three percent of the County's share of .highway construction costs. Highway construction costs
exclude costs for items such as right of way, storm sewer and ponding. The City shall be
responsible for 50% of the costs of all aesthetic elements and 100% of the costs that exceed the
County's maximum participation for aesthetic elements. The responsibility for maintenance of all
aesthetic elements shall be in accordance with the current adopted Dakota County Transportation
Plan,
Miscellaneous Elements. General maintenance will be handfed as detailed in the policies
with the current Dakota County Transportation Plan.
5. intersection Liahtino Maintenance and Enerav Costs. After completion of the project, the
City shall be responsible for maintenance and energy costs of the intersection lighting at the
roundabout intersection at CSAH 50 and CSAH 60. The City will perform or coordinate the lighting
maintenance, receive billings and pay for all routine maintenance (reiamping) and energy costs for
the project. The County will be responsible for up to 55% of intersection lighting replacement; the
City will be responsible for all remaining costs.
C.P. 50-17 and 60 -21
August 16, 2012
6. City Utilities. Except as stated in the above sections of this agreement, the City shall pay all
other costs for new sanitary sewer, water mains and appurtenances constructed as part of this
arolect. Further, the City shall be responsible for the maintenance of all such facilities after the
completion of the protect.
7. Riaht -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
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 City. 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 City. 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 City.
8. Design and Construction. The County is the lead agency for design and construction
administration of this project, effective upon execution of this Agreement by both Parties, The City
and the County shall approve the pans and specifications 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.
0. 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 shall provide a financial status
report to the City on a quarterly basis. The report shall show estimated final costs, costs paid to
date, and each entity's prorate share of the total project cost. The County will request first
payment of the City's share of the project costs (i.e. engineering, right -of -way acquisition.,
construction) after August 1, 2014, but no later than October 1, 2014. The County will request
5
C.F. 50 -17 and 60-21
August 16, 2012
payment on a quarterly basis for any project costs incurred after those included in the 2014
payment request. 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
questioned by the receiving agenoy, the remainder of the claim shall be promptiy 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.
10. Amendments. Any amendments to this Agreement will be effective only after approval by
both governing bodies and execution of a written amendment document by duly authorized officials
of each body.
1 1 . 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 maintenance activities
including sidewalk, landscape and lighting maintenance, in no event will this Agreement continue in
effect after December 31, 2015, unless the parties mutually agree to an extension of the protect
term..
12.
Chance Orders and Supplemental Aareements. Any change orders or supplemental
agreements that affect the project cost participation must be approved by appointed
representatives of both Parties prior to execution of work. For the purposes of this section, the
City's appointee representative is ?ace sohnson, City Engineer, and the County's appointed
representative is Ross Beckwith, Construction Engineer, or their successors. Both Parties shay,
endeavor to provide timely approval of change orders and supplemental agreements so as not to
delay construction operations.
13. Final completion. Final completion of the construction pro }ect must be approved by both
the County and the City.
C.P 50 -17 and 60 -21
August 16, 2012
14. Storm Sewer Construction and Maintenance. The City shall be responsible for assisting
with storm sewer inspection including having an inspector on -site during storm sewer installation.
Upon completion of the project, the City shah be responsible for routine storm sewer maintenance
and cleaning. The County will participate in replacement or repair of storm Sewer constructed by
this project in accordance with the current version of the County Transportation Plan.
16. Sidewalks and Bike Trails. Upon acceptance of the project, the City shall be responsible for
sidewalk and trail maintenance. The C ounty and the City shall be responsible for the costs of trail
resurfacing or reconstruction in accordance with the current Dakota County Transportation Pian.
16, Pavement Maintenance. Upon acceptance of the project by the County and City, 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. Subseauent Excavation. After completion of the protect, 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, the City shall apply for a permit from the County
and shall be responsible to restore the excavated area and road surface to its original condition at
the time of disturbance. 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 30 days following
receipt of a written claim by the County.
18. Rules and Reauiations. The County and the City shall abide by lr(innesota Department of
Transportation standard specifications, ruies and contract administration procedures.
19. 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 negiigent acts or omissions of the County andior those
of County employees or agents. The City agrees to defend, indemnify, and hold harmless the
County against any and all ciaims, liability, loss damage, or expense arising under the provisions
of this Agreement for which the City is responsible, including future operation and maintenance of
20.
7
C.F. 50 -17 and 60-21
August 1e, 2012
facilities owned by the City and caused by or resulting from negflgent acs 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.
Waiver. 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. The opposite situation shall also
apply: the County shall not be responsible under the Worker's Compensation Act for any
employees of the City.
21. Audits, Pursuant' to Minnesota Statutes Sec 16 C. 6u, Subd. 6 , 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.
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 project; whether written or oral. All agreements for
future maintenance or cost responsibilities shall survive and Continue in fu}; force and effect after
completion of the roundabout intersection and road expansion provided for in this Agreement.
IN WITNESS THEREOF. the Parties have caused this agreement to be executed by their duly
authorized officials.
RECOMMENDED FOR APPROVAL:
CITY OF LAKEVILLE
By
City Engineer Mayor
County Engineer
(SEAL)
DAKOTA COUNTY
By
City Clerk
Date
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
County Attorney Date
By:
Physical Development Direr
COUNTY BOARD RESOLUTIONS
No. 12 -128 Date: March 18, 2012 Date:
Aust 16, 20:2
Item No,
Approve Joint Powers Agreement with Dakota County for Engineering, Right-of-Way Acquisition and
Construction of the Kenwood Trail (CSAH -50) 1 1855 Street (CSAH -60) Roundabout, the Expansion of
Kenwood Trail from 185 Street to jurel Way and the Expansion of 185 Street from Kenwood Trail to
Orchard Trail to Full 4 -Lane Divided Highways
City Protect. No. 09-07 and Dakota County Project Nos. 50 -17 and 60 -21
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement (JPA) with
Dakota County for Engineering, Right -of -Way Acquisition and Construction of the Kenwood Trail (CSAH -50)
/ 185 Street (CSAH -60) Roundabout, the Expansion of Kenwood Trail from 185` Street to Jurei Way and
the Expansion of 1 85 Street from Kenwood Trail to Orchard Trail to Full 4 -iane Divided Highways,
• Passage of this motion will result in establishing the City's project responsibilities and costs associated with
the intersection construction and highway expansion,
Overview
This transportation project is identified in both the City's and Dakota County's 2012-2016 Capital
improvement Plan and is programmed for construction in 2014. At its March 5, 2012 meeting, the City
Council approved a JPA with Dakota County for the intersection construction and highway expansion.
After the City Council's approval, Dakota County submitted a new JPA that included a minor revision to
Clarify the project responsibilities and costs associated with storm sewer construction and maintenance.
The City will now be responsible for assisting with inspection of storm sewer construction and future'
routine maintenance and cleaning of storm sewer constructed with this project. The County will now
partic €pate in future repair and replacement costs of storm sewer constructed with this project. The
revised language is consistent with the policies of the current Dakota County T ransportation Plan.
Because the JPA approved by the City Council on March 5, 20 2 was not subsequently approved by Dakota
County, it is not an adopted agreement; therefore this JPA is not an amendment.
Staff has reviewed the JPA and recommends approval. .
Prirnarsr Issues to Consider
• Does this JPA 'chance the Citys project costs or the project schedule? The revision does not
change the City's project costs or the project schedule — storm sewer inspection costs will still be
shared based on the original City and County 45/55 split.
Supporting information
e Joint Powers Agreement (Contract No. 00023593)
March 5, 2012 City Council Agenda Memo
Zachary V. J ,nson
City`aogineer�
Financial impact: 52,178,000 Budgeted: Yes Source: Municipal State Aid Fund
Reiated Documents: Lakeville and Dakota Co. 2012 -2 016 Capital improvement Plans
Notes:
Date: 5 March 2012 Item No.
Approve Joint Powers Agreement with Dakota County for Engineering, Right -of -Way
Acquisition and Construction of the Kenwood Trail (CSAH 50) 1 185 Street (CSAH 60)
Roundabout, the Expansion of Kenwood Trail from 185 Street to Jurel Way and the
Expansion of 185 Street from Kenwood Trail to Orchard Trail to Full 4 -Lane Divided
Highways
City Project No. 09 -07
Dakota County Project Nos. 50 -17 and 60 -21
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Joint Powers
Agreement (JPA) with Dakota County for Engineering, Right -of -Way Acquisition and
Construction of the Kenwood Train (CSAH -50) / 185 Street (CSAH -60) Roundabout, the
Expansion of Kenwood Trail from 185 Street to Jurel Way and the Expansion of 185
Street from Kenwood Trail to Orchard Trail to Full 4 -lane Divided Highways.
Overview
Attached is a JPA with Dakota County that identifies the project responsibilities and costs
associated with the intersection construction and highway expansion. General maintenance
will be consistent with the policies in the Dakota County Transportation Plan. The City will
be responsible for maintenance of aesthetic elements (landscaping, decorative pavements),
intersection lighting and traiis. The City will be responsible for 45% of the engineering, right -
of -way acquisition and construction costs of the project. The City's estimated cost is
$2,178,000. Dakota County will request first payment of the City's share of the project costs
after August 1, 2014, but no later than October 1, 2014. The project has been approved for
$1.632 million in federal funding in 2013.
The project is programmed for construction in 2014 in both the City's and. Dakota County's
2012 -2016 Capital Improvement Plans. Engineering work is in progress with right -of -way
acquisition anticipated in 2013. Project completion is expected by November, 2014.
Primary Issues to Consider
• Is the proposed project consistent with the City's Capital improvement Plan? The
project is consistent with the City's Capital Improvement Plan.
Supporting Information
• A copy of the Joint Powers Agreement is attached (Contract No. 00023593).
• A summary of the project's funding sources
Zachary . Joitr on
Interim City Engineer
Notes:
Financial impact: $2,178,000 Budgeted: Yes Source: Municipal State Aid Fund
Related Documents (CIP, ERP, etc.): Lakeville and Dakota Co. 2012 -2016 Capital Improvement Plans