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HomeMy WebLinkAboutItem 06.o Date: March 19, 2018 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND RESOLUTION AUTHORIZING FUNDING FOR DODD BOULEVARD & FLAGSTAFF AVENUE INTERSECTION IMPROVEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County and resolution authorizing funding for County State Aid Highway 9 (Dodd Boulevard) and Flagstaff Avenue Intersection Improvements, City Project 18-05. Overview The City and County are partnering to construct intersection improvements at Dodd Boulevard and Flagstaff Avenue to improve intersection operations/alleviate congestion, make safety improvements and provide for increasing traffic levels. Improvements include a single-lane roundabout. The proposed schedule is project design and right-of-way acquisition in 2018, and construction in 2019. The Joint Powers Agreement establishes City and County project responsibilities and cost participation. Primary Issues to Consider • The City is the lead agency for project design and construction administration; therefore, total project cost (both City and County share) is reflected in this memo. The City’s Capital Improvement Plan programs an estimated total project cost of $2,190,000 (includes 2017 encumbrances). The County will reimburse the City 55% of the project cost; the City’s estimated net cost is $985,500. Anticipated Funding Source Amount Dakota County 1,204,500$ Municipal State Aid 895,500$ Storm Sewer Trunk Fund 90,000$ Total 2,190,000$ Supporting Information • Joint Powers Agreement (Dakota County Contract No. C0029182) • Resolution Financial Impact: $2,190,000 Budgeted: Y☒ N☐ Source: Multiple Funds Related Documents: 2018-2022 Capital Improvement Plan Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer CITY OF LAKEVILLE RESOLUTION NO. 18- RESOLUTION AUTHORIZING FUNDING FOR COUNTY STATE AID HIGHWAY (CSAH) 9 (DODD BOULEVARD) AND FLAGSTAFF AVENUE INTERSECTION IMPROVEMENTS WHEREAS, the County State Aid Highway (CSAH) 9 (Dodd Boulevard) and Flagstaff Avenue Intersection Improvements project (City Project 18-05) is programmed in the adopted 2018-2022 Capital Improvement Plan; and WHEREAS, City staff requests approval of a Joint Powers Agreement with Dakota County for the County State Aid Highway (CSAH) 9 (Dodd Boulevard) and Flagstaff Avenue Intersection Improvements project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: The estimated project cost is $2,190,000 and anticipated funding sources are listed below. City staff is hereby authorized to make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving other funding. Anticipated Funding Source Amount Dakota County 1,204,500$ Municipal State Aid 895,500$ Storm Sewer Trunk Fund 90,000$ Total 2,190,000$ ADOPTED by the Lakeville City Council this 19th day of March 2018. ______________________________ Douglas P. Anderson, Mayor _________________________________ Charlene Friedges, City Clerk Dakota County Contract C0029182 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT-OF-WAY ACQUISITION, HIGHWAY CONSTRUCTION AND MAINTENANCE BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 9-54 CITY PROJECT NO. 18-05 SYNOPSIS: Dakota County and the City of Lakeville agree to install traffic control (roundabout) at the intersection of County State Aid Highway (CSAH) 9 (Dodd Boulevard) and Flagstaff Avenue in Lakeville, Dakota County. Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 2 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 install traffic control improvements (roundabout) at the intersection of County State Aid Highway (CSAH) 9 (Dodd Boulevard) and Flagstaff Avenue 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 traffic control 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 roundabout construction and related activities as described in the following sections: 1. 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, asbuilts, wetland related approvals, 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 in accordance with the current adopted Dakota County Transportation Plan. Engineering costs shall not exceed 25 percent of the Project’s State Aid eligible construction costs. 2. Construction Items. The construction costs for the Project 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 and roadway construction items; mitigation required by state and federal permits including accessibility requirements; storm sewer and other drainage facilities eligible for State Aid funding based on contributing flows; replacement or restoration of fences, landscaping and driveways Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 3 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; installation of roundabout and design elements integral to the safe design and operation of the roundabouts, if needed; mitigation required for access modifications, including modifications to the Lakeville Fire Station 2 parking lot; roundabout intersection lighting, 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 County policies included in the current adopted Dakota County Transportation Plan. 3. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements, trail lighting, undergrounding of private utilities, 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. Street Lighting, Trail Lighting and Maintenance Costs. After completion of the Project, electric power necessary for the operation and maintenance of the streetlights (including those at intersections), trail lighting and underpass lighting will be provided in accordance with County policies included in the current adopted Dakota County Transportation Plan. 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 Project. Further, the City shall be responsible for the maintenance of all such facilities upon final acceptance of the Project. Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 4 7. Right-of-Way Acquisition. a. Direct Acquisition. The City will undertake all actions necessary to acquire all permanent and temporary highway and roadway 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 through direct negotiations. The acquisition activities shall abide by the applicable provision of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (URA) 42 U.S.C. §§ 4601-55, Minnesota Statutes Chapter 117 and related rules and regulations. Except as set forth below, the costs of acquiring highway and roadway 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. b. Eminent Domain. If all permanent and temporary highway and roadway right-of-way, 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 cannot be acquired by direct negotiations to maintain the Project schedule, the City will undertake all actions necessary to acquire any remaining land rights for the Project by quick-take eminent domain. Except as set forth below, the costs of acquiring highway and roadway right-of-way, including right-of-way for drainage inlets and outlets, shall be shared in the amount of 55 percent (55%) by the County and 45 percent (45%) by the City. c. County Property. The County shall convey to the City, at no cost, before construction of the Project begins, all necessary permanent highway and temporary easements, on forms approved by the City Attorney’s office, on all adjacent County-controlled real property for Project purposes. County shall convey rights to the City, at no cost, before construction of the Project begins, to all public easements and rights-of-way necessary for Project purposes. The County shall share in the costs for access relocation, regrading, driveway and parking lot reconfiguration and reconstruction necessary due to the land conveyance and access modifications within Lakeville Fire Station 2 as required for mitigation requirements. The cost of the Lakeville Fire Station 2 Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 5 improvements shall be shared in the amount of 55 percent (55%) by the County and 45 percent (45%) by the City. Upon final acceptance of the Project, the ownership of the permanent right-of-way for County highways shall be transferred to the County. 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. Plans and Specifications. The City is the lead agency for design and construction administration of the Project, effective upon execution of this Agreement by both Parties. The City and the County shall approve the plans and specifications prior to advertising for bids. The City will advertise for bids for the construction of the Project in accordance with applicable state laws and will provide the County with an analysis of the bids received. The City will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, the Agreement shall terminate and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of the Agreement. 9. Operation. The geometric configuration of the CSAH 9 and Flagstaff Avenue intersection for both roadways, including lane alignments and traffic assignments for all approaches, traffic signing and traffic operations will be determined by the County in cooperation with the City. The City agrees to make no changes to the intersection operation through pavement marking, signing, or other construction measures. 10. Payment. The City 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 wo rk progresses and when certified by the City Engineer. The City 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. Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 6 11. 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 Jeannine Briol, 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. 12. Final Acceptance. Final acceptance of the Project must be approved by both the County and the City. The City requires a maintenance bond from the Contractor for the installation of the City infrastructure (streets and utilities) installed with the Project. The warranty period for materials and workmanship shall be two years from the date of final acceptance by the City, as approved by the City Engineer. 13. Project Cost Updates. The City will provide updated cost estimates to the County 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 City to the County 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 b oard regarding Project cost estimates. Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 7 14. Subsequent Excavation. Upon final acceptance 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 35 days following receipt of a written claim by the County. 15. Pavement Marking and Traffic Signing Maintenance and Operations. Pavement markings and traffic signs will be installed as applicable for the operation of the highway and intersections along the Project area as outlined in the plans. Traffic signing and pavement markings along CSAH 9 and Flagstaff Avenue (including yield bar and crosswalks within the intersection) will be maintained by the County. 16. Sidewalks and Trails. Upon final acceptance of the Project, maintenance of sidewalk and trails shall be provided in accordance with the current County and City Maintenance Agreement for County Bikeway Trails. The County and City shall be responsible for trail resurfacing or reconstruction costs in accordance with County policies included in the current adopted Dakota County Transportation Plan. 17. Pavement Maintenance. Upon final acceptance of the Project, the City shall be responsible for all pavement maintenance within City 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. 18. 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. 19. 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, trail, storm sewer system, landscape and lighting maintenance, in no event will Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 8 this Agreement continue in effect after December 31, 2020, unless the parties mutually agree to an extension of the Project term. 20. 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, 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 Dakota County Transportation Plan. 21. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 22. 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 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. 23. 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 Dakota County Project 9-54 City of Lakeville Project 18-05 March 14, 2018 9 opposite situation shall also apply: the County shall not be responsible under the Worker’s Compensation Act for any employees of the City. 24. 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. 25. 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 construction provided for in this Agreement. 26. 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) 985-4501 mark.krebsbach@co.dakota.mn.us 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. 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:\Highway\Agreements\2018\9-54 Lakeville C0029182.docx 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 APPROVED AS TO FORM: Assistant County Attorney Date KS-2018-_____________ COUNTY BOARD RESOLUTION No. ______________ Date: _________________