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HomeMy WebLinkAboutItem 06.g Date: Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR ENGINEERING, RIGHT-OF-WAY ACQUISITION AND CONSTRUCTION OF 202ND STREET (CSAH 50) FROM HOLYOKE AVENUE TO CEDAR AVENUE 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 County State Aid Highway 50 (202nd Street) from Holyoke Avenue to Cedar Avenue, City Project 15-12. Overview The City and County are partnering to reconstruct/widen 202nd Street from Holyoke Avenue to Cedar Avenue to a 2-lane divided highway to alleviate congestion, make safety improvements and provide for increasing traffic levels. Improvements include a) traffic signal at 202nd Street/Cedar Avenue intersection; b) roundabout at 202nd Street/Holyoke Avenue intersection; c) dedicated turn lanes at intersections; d) pedestrian underpass across CSAH 50 and trails; and e) associated Aronson Park improvements. The 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 County is the lead agency for the project, therefore, only the City’s total project cost is reflected in this memo. The City’s estimated total project cost is $2,950,000 (includes 2017 and 2018 encumbrances). The City will reimburse the County 45% of the project cost; however, the City’s share is capped at 25% of eligible County Costs based on the County’s recent highway cost-participation policy revisions for County Highway Replacement projects. Potential City funding sources include the Escrow Fund, Municipal State Aid Fund, Trunk Storm Sewer Fund, Park Dedication Fund and Trunk Water Fund. Supporting Information • Joint Powers Agreement (Contract No. C0029096) Financial Impact: $2,950,000 Budgeted: Y☒ N☐ Source: Multiple Sources Related Documents: 2018-2022 Capital Improvement Plan Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Zach Johnson, City Engineer September 17, 2018 Dakota County Contract C0029096 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT-OF-WAY ACQUISTION, TRAFFIC SIGNAL SYSTEM AND HIGHWAY CONSTRUCTION AND MAINTENANCE BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 50-23 TRAFFIC SIGNAL AGREEMENT 18-01 CITY PROJECT NO. 15-12 SYNOPSIS: Dakota County and the City of Lakeville agree to construct a two-lane divided highway on County State Aid Highway (CSAH) 50 (202nd Street) from Holyoke Avenue to CSAH 23 (Cedar Avenue), and install traffic controls at the intersections of CSAH 50 and CSAH 23 (traffic signal), and CSAH 50 and Holyoke Avenue (roundabout) in Lakeville, Dakota County. Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 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 exerci se one of its powers on behalf of the other governmental units; and WHEREAS, the County and the City desire to construct a two-lane divided highway on County State Aid Highway (CSAH) 50 (202nd Street) from Holyoke Avenue to CSAH 23 (Cedar Avenue), shared-use paths along CSAH 50 and sidewalk/trail along City streets from Holyoke Avenue to CSAH 23, a pedestrian underpass across CSAH 50, park mitigation and traffic controls at the intersections of CSAH 50 and CSAH 23 (traffic control signal system with streetlights and emergency vehicle pre-emption), and CSAH 50 and Holyoke Avenue (roundabout) in Lakeville, Dakota County, the “Project”; and WHEREAS, Federal funding in the amount of $3,200,000 has been programmed which will cover a portion of the Project’s construction costs; 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 controls after applying Federal funding as set forth herein. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and after deducting Federal funding, jointly participate in the project costs associated with highway, roadways and traffic control 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. The City shall be the lead agency for the wetland delineation and appropriate wetland permitting and approvals for the project. Engineering costs shall not exceed 25 percent of the Project’s state aid eligible construction costs. 2. Construction Items. After deducting federal funding, the construction costs for the Project, shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. Cost Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 3 sharing includes all highway and roadway construction items; traffic signal system construction items, County furnished materials, mitigation required by state and federal permits including accessibility requirements; storm sewer and other drainage facilities eligible for County/City 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 expe nse of the utility; water pollution best management practices, based on contributing flows from the County right of way, 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 Aronson Park and Quigley-Sime Park; pedestrian underpass, pedestrian underpass and 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 Transpor tation 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 percent (50%) of the cost of aesthetic elements up to a maximum amount of three percent (3%) of the County’s share (prior to application of Federal funding) of highway construction costs. Highway construction costs exclude costs for items such as right of way, storm s ewer and ponding. The City shall be responsible for 50 percent (50%) of the costs of all aesthetic elements and 100 percent (100%) of the costs that exceed the County’s maximum participation for aesthetic elements. The responsibility for maintenance of a ll 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 Underpass Lighting Energy and Maintenance Costs. Upon completion of the Project, electrical power necessary for the operation and maintenance of the street lights (including roundabout lighting), 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, watermains 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. Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 4 7. Right of Way Acquisition. a. Direct Acquisition. 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 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 right of way, including right o f 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 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 County 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 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. City Property. The City shall convey to 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. The County shall share in the costs for field relocation, regrading, driveway and parking lot reconfiguration and reconstruction necessary due to the land conveyance and access modifications within Aronson Park and Quigley-Sime Park as required for parkland mitigation requirements. The cost of the park improvements shall be shared in the amount of 55 percent (55%) by the County and 45 percent (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 and parks 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. Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 5 8. 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 , and underpass lighting. 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. If a bid is not awarded, this Agreement shall terminate and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. 9. Traffic Signal. a. Traffic 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 50 and CSAH 23 as follows: County’s Share = 100 percent (100%) / City’s Share = 0 percent (0%) b. Traffic 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. c. Street Light Energy (Signal). Upon completion of the traffic control signal installation, electrical power necessary for the operation of the streetlights attached to the traffic control signals will be provided in accordance with County policies included in the current adopted Dakota County Transportation Plan. The County will receive the bill for the electrical power of the street lights and invoice the City for its portion. d. Street Light Maintenance (Signal). Upon completion of the traffic control signal installation, maintenance of the street lights attached to the traffic control signals will be provided in accordance with County policies included in the current adopted Dakota County Transportation Plan. e. Mast Arm Signs. Upon completion of the traffic control signal installation, the County shall maintain and keep in repair the m ast arm mounted street name signs at the cost and expense of the County. Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 6 f. 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: I. 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. II. Malfunction of the EVP System shall be reported by the City to the County immediately. III. 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. Upon completion of installation of the EVP system, the County shall maintain and keep in repair the EVP system at the cost and expense of the County. g. 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. h. Pavement Marking and Signing 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 50 and CSAH 23 (including stop bar and cross walks directly at the intersection) and CSAH 50 and Holyoke Avenue (including yield bar and cross walks directly at the intersection) will be maintained by Dakota County. i. Operation. The geometric configuration of both the CSAH 50 and CSAH 23 intersection and the CSAH 50 and Holyoke Avenue intersection, including all legs of each intersection, including lane alignments and traffic assignments for all approaches, traffic signing, and traffic operations w ill 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. 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: Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 7  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 cos t estimates. 11. Payment. a. Cost Cap. After application of all applicable cost sharing provision of this Agreement and County transportation cost sharing polices F.1 through F.18 in the adopted 2030 Dakota County transportation Plan, except policies F.2 - Aesthetic, F.6 - Traffic Signals, and F.16 - Small Safety Projects, the City cost share will be capped at a maximum of 25% percent of total County eligible project costs, including all eligible engineering, right of way acquisition, construction, and construction administration costs. Costs identified as 100% the responsibility of the City, if any, such as City utility improvements not required as part of the highway project, and aesthetics costs not eligible for County participation are not County eligible project costs and will be at City’s sole cost in accordance with applicable County policies . b. Administration. 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’s construction costs after August 1, 2020, but no later than October 1, 2020, and quarterly thereafter. The County will request payment on a quarterly basis for any other Project costs incurred (i.e. engineering, right-of-way acquisition). 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 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 8 12. 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. 13. 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, 2020, unless the parties mutually agree to an extension of the Project term. 14. 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 supp lemental agreements so as not to delay construction operations. 15. 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) to be 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 appro ved by the City Engineer. The County shall include this requirement in the bidding documents for the Project. 16. 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. The City and County entered into a Maintenance Agreement for Storm Sewer Systems dated November 4, 2013 (Dakota County Contract #C0025412) (“Maintenance Agreement”) which governs maintenance, repair, and repla cement duties and costs shared by the County and City for stormwater sewer systems located on or along County Highway right-of-way. Upon completion of the Project, the City and County shall be responsible for on-going maintenance and repairs 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. 17. Sidewalks and Trails. Upon completion of the Project, maintenance of sidewalk and trails shall be provided in accordance with the current County and the City Maintenance Agreement for County Bikeway Trails. 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 Dakota County Transportation Plan. Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 9 18. Pavement Maintenance. Upon completion 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 municipa l utility system or installation of new facilities. 19. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the County 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 substantially the condition at the time of disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. 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. 20. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 21. 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 a nd/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. The County shall include the City as additional insured in the contract documents. 22. Employees of Parties. 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, and 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 Dakota County Project 50-23 Dakota County Traffic Signal Agreement 18-01 City of Lakeville Project 15-12 September 13, 2018 10 said 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, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engage d. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 23. 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 Legislat ive 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. Dakota County will be financially responsible for the cost of the audit. 24. 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 futur e 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. 25. 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 b y 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 d ays after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N:\Highway\Agreements\2018\50-23 Lakeville C0029096.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. 17-297 Date: June 6, 2017