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HomeMy WebLinkAboutItem 06.nOctober 1, 2015 a Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR ENGINEERING, RIGHT-OF-WAY ACQUISTION AND CONSTRUCTION OF DODD BOULEVARD FROM 194TH STREET TO 185TH STREET October 5, 2015 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County for Engineering, Right -of -Way Acquisition and Construction of Dodd Boulevard from 194th Street to 185th Street, City Project 13-09. Passage of this motion will establish City and County project responsibilities and costs associated with the roadway improvement project. Overview The City and County propose to reconstruct Dodd Boulevard (CSAH 9) from 194th Street to 185th Street (CSAH 60). Proposed roadway improvements include reconstruction and widening of Dodd Boulevard to a four -lane divided highway, storm sewer, trails and a traffic control signal system at the intersection of Dodd Boulevard and 185th Street. The 2015-2019 Capital Improvement Plan programs construction in 2016. Attached is a Joint Powers Agreement (JPA) with Dakota County that identifies the project responsibilities and costs. The Dakota County Board of Commissioners previously authorized execution of a JPA with the City. Primary Issues to Consider • What is the project financing? See attached response. Supporting Information • Staff analysis of primary issues • Joint Powers Agreement (Contract No. C0027141) Financial Impact: Related Documents Community Values: Notes: $ 3,917,000 Budgeted: 2015-2019 Capital Improvement Plan Good Value for Public Services Yes Source: Multiple Funds Additional funding provided by Dakota County Staff Analysis of Primate Issues • What is the project financing? The City will be responsible for 45% of the project costs (i.e. engineering, right-of-way acquisition and construction). Financing for roadway improvements will be provided from the Municipal State Aid Fund and Escrow Fund. The project also includes trunk watermain improvements associated with future water supply. The City will be responsible for the cost of the trunk watermain improvements, which will be financed from the Water Trunk Fund. The City's share of the project costs is based on the County's most recent project cost estimate and is reflected in the City's draft 2016- 2020 Capital Improvement Plan. Listed below is a summary of the City's share of the project's funding sources: Municipal State Aid Fund: $2,945,000 Water Trunk Fund: $520,000 Escrow Fund: $452,000 Total City Project Costs: $3,917,000 Dakota County Contract C0027141 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISTION, TRAFFIC SIGNAL SYSTEM AND HIGHWAY CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 9-36 TRAFFIC SIGNAL AGREEMENT 15-05 CITY PROJECT NO. 13-09 SYNOPSIS: Dakota County and the City of Lakeville agree to construct a four -lane divided highway on County State Aid Highway (CSAH) 9 (Dodd Boulevard) from 194th Street to CSAH 60 (185th Street), and install a traffic control signal system with streetlights and emergency vehicle pre- emption on CSAH 9 (Dodd Boulevard) and CSAH 60 (185th Street) in Lakeville, Dakota County. Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 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 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 County and the City desire to construct a four -lane divided highway on County State Aid Highway (CSAH) 9 (Dodd Boulevard) from 194th Street to CSAH 60 (185th Street) and install a traffic control signal system with streetlights and emergency vehicle pre-emption on CSAH 9 (Dodd Boulevard) and CSAH 60 (1851h Street) in Lakeville, Dakota County, the "Project"; and WHEREAS, the County and the City have included this Project in their Capital Improvement Programs and will jointly participate in the costs of said highway construction and traffic signal system 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 highway and signal system construction and related activities as described in the following sections: Engineering. Design engineering including all aspects of the Project (public involvement, agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time for these purposes, shall be split based on the County's and City's share of the final construction costs. 2. Construction Items. The costs for the construction of a four -lane divided highway on CSAH 9 and installation of a traffic control signal system on CSAH 9 and CSAH 60 shall 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; traffic signal system construction items, mitigation required by state and federal permits including accessibility requirements; storm sewer and other drainage facilities Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 eligible for County State Aid funding based on contributing flows; replacement or restoration of fences, landscaping and driveways when affected by construction; replacement or adjustment of sanitary sewer, water and storm sewer systems, if required 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; mitigation required for access modifications; replacement or adjustment of lighting, if required due to construction, and all other construction aspects outlined in the plan except for elements as called out under this Agreement or the current adopted Dakota County Transportation Plan. 3. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements, landscaping and plantings. 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 County policies included in the current adopted Dakota County Transportation Plan. 4. Miscellaneous Elements. General maintenance will be handled in accordance with County policies included in the current adopted Dakota County Transportation Plan. 5. 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 Project. Further, the City shall be responsible for the maintenance of all such facilities after completion of the Project. 6. Richt-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. The City shall convey to 3 Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 the County, at no cost, before construction of the Project begins, all necessary permanent highway and temporary easements, on forms approved by the County Attorney's office, on all adjacent city - controlled real property for Project purposes. City shall convey rights to the County, at no cost, before construction of the Project begins, to all public easements and rights-of-way necessary 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 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. 7. Plans and Specifications. 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 shall be the lead agency for the preparation of plans and specifications for the storm sewer and ponding design. The County will incorporate the City's plan sheets and specifications into the final bid documents. The City and the County shall approve the plans and specifications prior to advertising for bids. The County will advertise for bids for the construction of this Project in accordance with applicable state laws and will provide the City with an analysis of the bids received. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 8. County Furnished Materials. Upon completion of the work and computation of the cost of County furnished materials, the County shall invoice the City for the City's share of the cost of materials furnished by the County. Payment for the materials shall be as described elsewhere in this agreement. 9. Signal Energy. Upon completion of the traffic control signal installation, the County and the City shall be responsible for providing the necessary electrical power for the operation of the traffic control signals (except streetlights) at CSAH 9 and CSAH 60 as follows: County's Share = 100 % / City's Share = 0 % 10. Signal Maintenance. Upon completion of said traffic control signal installation, the County, upon being advised or made aware of the need for repairs to the signals, shall maintain and keep in repair the signal system, except street lights, at the cost and expense of the County. 4 Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 11, Street Light Energy. Upon completion of the traffic control signal installation, electrical power necessary for the operation of the streetlights will be provided in accordance with County policies included in the County's current adopted Transportation Plan. Currently, all street light energy is the responsibility of the City. The County will receive the bill for the electrical power of the street lights and invoice the City for its portion. 12. Street Light Maintenance. Upon completion of the traffic control signal installation, maintenance of the street lights will be provided in accordance with County policies included in the County's current adopted Transportation Plan. 13. Mast Arm Signs. Upon completion of the traffic control signal installation, the County shall maintain and keep in repair the mast arm mounted street name signs at the cost and expense of the County. 14. 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. b) Malfunction of the EVP System shall be reported by the City 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 work with the City to address the concerns and bring use of EVP back into expected compliance. In the event continued misuse occurs, the County has the authority to remove the EVP System that is being misused. 15. Timing and Operation. Timing of the traffic control signal system shall be determined by the County. No changes to the system timing will be made to the system except with the written approval of the County. 5 Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 16. Pavement Markinq and Signinq Maintenance and Operations Pavement markings will be installed as applicable for the operation of the highway and intersections along the Project area as outlined in the plans. Signing and markings along CSAH 9 and CSAH 60 (including stop bar and cross walks directly at the intersection) will be maintained by Dakota County. 17. Operation. The geometric configuration of the CSAH 9 and CSAH 60 intersection for both roadways, including lane alignments and traffic assignments for all approaches, traffic signing, signal phasing and traffic operations will be determined by the County. The City agrees to make no changes to the intersection operation through pavement marking, signing, or other construction measures. 18. 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. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change, and that the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project cost estimates. 19. 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 will request first payment of the City's share of the Project costs (i.e. engineering, right of way acquisition, construction) after 9 Dakota County Project 9-361TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 August 1, 2016, but no later than October 1, 2016. The County will request payment on a quarterly basis for any Project costs incurred. 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 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. 20. 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 agency. 21. 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 traffic signal system, sidewalk, trail, storm sewer, landscape and lighting maintenance, in no event will this Agreement continue in effect after December 31, 2017, unless the parties mutually agree to an extension of the Project term. 22. Change Orders and Supplemental Agreements. 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 appointed representative is Zach Johnson, City Engineer, and the County's appointed representative is Ross Beckwith, Construction Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 23. Final completion. Final completion of the Project must be approved by both the County and the City. 24. 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. 7 Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 Upon completion of the Project, maintenance of storm sewer systems shall be provided in accordance with the current County and City Maintenance Agreement. The County will participate in replacement or repair of storm sewer constructed by this Project in accordance with County policies included in the current adopted Transportation Plan. 25. Sidewalks and Trails. Upon completion of the Project, maintenance of sidewalk and trails shall be provided in accordance with the current Maintenance Agreement for County Bikeway Trails between the County and the City. The County and the City shall be responsible for the costs of trail resurfacing or reconstruction in accordance with County policies included in the current adopted Transportation Plan. 26. Highway Pavement Maintenance. Upon completion of the Project, 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. 27. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the highway right of way is necessary to repair or install water, sanitary 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. 28. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 29. 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 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 E:3 Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 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. 30. 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. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City. 31. 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. 32. 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 full force and effect after completion of the highway and traffic signal construction provided for in this Agreement. 33. 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 (952)891-7100 mark. krebsbach(aD-co.dakota.mn.us 4 Zach Johnson (or successor) Lakeville City Engineer 20195 Holyoke Avenue Lakeville, MN. 55044 (952) 985-4501 ziohnson(alakevillemn.gov Dakota County Project 9-36/TSA 15-05 City of Lakeville Project 13-09 September 30, 2015 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. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N: IHighwaylAGRMENP20MTSA 15-05 CP9-36 Lakeville C0027141.docx 10 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: City Engineer (SEAL) CITY OF LAKEVILLE DAKOTA COUNTY By Mayor By City Clerk Date RECOMMENDED FOR APPROVAL: By Physical Development Director Date County Engineer APPROVED AS TO FORM: Assistant County Attorney Date KS -2015 - COUNTY BOARD RESOLUTION No. 15-217 Date: April 21, 2015