HomeMy WebLinkAboutItem 08•
February 12, 2010 \� Item No.
FEBRUARY 16, 2010 CITY COUNCIL AGENDA ITEM
APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY TRANSPORTATION
DEPARTMENT FOR RIGHT-OF-WAY ACQUISITION, HIGHWAY AND TRANSITWAY
CONSTRUCTION, SIGNAL CONSTRUCTION, UTILITY RELOCATION AND STREETSCAPE
IMPROVEMENTS FOR THE CEDAR AVENUE BUS RAPID TRANSIT CORRIDOR
City Improvement Project 08-12
Proposed Action
Staff recommends approval of the attached Joint Powers Agreement with the Dakota County Transportation
Department for Right -of -Way Acquisition, Highway and Transitway Construction, Signal Construction, Utility
Relocation and Streetscape Improvements for the Cedar Avenue Bus Rapid Transit Corridor, City
Improvement Project 08-12. Apple Valley approved their agreement with similar language at their 2/11/10
council meeting.
Overview
Attached is a Joint Powers Agreement with Dakota County for the funding of the Cedar Avenue Bus Rapid
Transit project. Improvements along Cedar Avenue will include the construction of bus shoulder lanes,
additional through lanes and access modifications for the project from 160th Street (CR 46) to 181St Street in
Lakeville. As part of this project, the traffic signal at Cedar and 162nd Street will be removed, and new
traffic signals will be installed at Cedar and Griffon Trail/Upper 164th St. and at Glacier Way. Access
modifications include a 3/4 intersection at 162nd and 167th Streets and right in/right out only at Upper 167th
Street.
The City will be responsible for maintenance of all aesthetic elements, including trees, shrubs, benches,
color concrete pavement, and any additional aesthetic elements. Historically, the County has not planted
trees within their right of way. This will be new for a County road improvement and City staff supports this
change in policy. The City will also provide all inspection for the aesthetic elements, including storm sewer
at no cost to the County, in lieu of paying for contract administration for the transit portion of the project.
Pedestrian trail lighting is not part of this project but other funding has been applied for this improvement.
The City will be responsible for 2.58% of the construction costs and right-of-way acquisition costs related to
the City's portion of the project, estimated at $358,000. The County will front-end the City's share of cost
until 2014 when the City has available state aid funding. In addition, the City will share in contract
administration and inspection costs for the highway improvements, which is estimated at $100,000.
Lakeville's total cost is estimated at $458,000. This project is proposed to be bid later this summer with
utility work to commence this fall. The construction of the improvements in Lakeville would take place in
2011 and 2012.
Kristine Elwood from Dakota County will be present at the City Council meeting to discuss the Agreement
and answer any questions. She will also present a PowerPoint similar to that shown at the January 11,
2010 Work Session.
Primary Issues to Consider
None.
Supporting Information
•
Joint Powers Ag r7ien
cc: David Olson, Community and Economic Development Director
Keith H. Nelson, City Engineer Kristine Elwood, Dakota County Transportation Department
Financial Impact: $458,000 Budgeted: Yes Source: Year 2013 MSA Funds
Related Documents (CIP, ERP, etc.):
Contract No. 11671
JOINT POWERS AGREEMENT
DAKOTA COUNTY
DEPARTMENT OF TRANSPORTATION
AGREEMENTFOR
RIGHT-OF-WAY ACQUISITION
HIGHWAY AND TRANSITWAY CONSTRUCTION
SIGNAL CONSTRUCTION
UTILITY RELOCATION AND
STREETSCAPE IMPROVEMENTS
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR
COUNTY PROJECT NO. 23-59 and 23-70
CITY PROJECT NO. 08-12
SP 188-020-019; SAP 188-020-020
For the construction of bus shoulder lanes, additional through lanes and access modifications for
the Bus Rapid Transit on the County State Aid Highway 23 (Cedar Avenue) Corridor from the City
of Lakeville's northern City limits at County State Aid Highway 46 (160th Street) to 181St Street:
construction revision of signal systems at the intersection of Cedar Avenue and 160th Street, signal
removal at 162nd Street, signal system installations at Griffon Trail/Upper 164th Street and Glacier
Way, and median modifications at 167th Street and Upper 167th Street in the City of Lakeville,
Dakota County.
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
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 Sections 162.17, subd. 1 and 471.59, 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 participating governmental units may exercise its powers on
behalf of the other governmental units; and
WHEREAS, it is considered mutually desirable to construct bus shoulder lanes, additional through
lanes and access modifications for the Bus Rapid Transit (BRT) on the Cedar Avenue Corridor
(CSAH 23) from 160th Street (CSAR 46) to 181 st Street in the City of Lakeville , Dakota County; and
WHEREAS, construction/revision of signal systems and access modifications include: signal
removal at the intersection of Cedar Avenue and 162nd Street, installation of traffic signals at
Griffon Trail/Upper 164th Street and at Glacier Way, partial access (3/4) intersection at 167th Street,
and a right in right out access at Upper 167th Street in Lakeville are necessary to facilitate BRT
operations and to minimize roadway congestion.
NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and
jointly participate in the project costs associated with right-of-way acquisition, highway and
transitway construction, signal construction, utility relocation and streetscape improvements and
related activities as described in the following sections:
1. Cost Participation for Right -of -Way Acquisition and Highway and Transitway Construction.
The right-of-way and roadway and intersection construction items are anticipated to have 90% of
the project costs covered with federal, state and County Transit Improvement Board (CTIB) funds.
The City is responsible for 2.58% of the project costs estimated to be $358,000 related to the City
portion as described in Exhibit A, including right-of-way acquisition, highway and transitway
construction, signal construction, and utility relocations necessitated by highway and transitway
ig
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
construction. The County is responsible for the remainder of costs after application of federal,
state, CTIB and local Regional Railroad funds made available for the project unless otherwise
specified herein.
2. Aesthetic Elements. Aesthetic elements determined as necessary for the project include:
landscaping, plantings, benches, and colored concrete pavements. The City is responsible for
2.58% of the construction cost of aesthetic elements. The County is responsible for the remainder
of costs after deducting federal, state, CTIB and local Regional Railroad funds made available for
the project unless otherwise specified herein.
Aesthetic elements will include replacement of existing intersection lighting.
The County along with the Cities of Lakeville and Apple Valley applied for federal funds from the
enhancement category of the 2009 Metropolitan Council solicitation. If such funds are approved,
the funds will be distributed to the Cities for the above additional streetscape elements including
street and trail lighting as specified in the construction plans and specifications or by separate
contract and approved by Dakota County. Appropriation of these funds has not been determined
at this time.
Maintenance of Aesthetic Elements:
The City shall be responsible for maintenance of all aesthetic elements including trees, shrubs,
benches, lighting, and colored concrete pavement placed on right-of-way and public easement
areas after the completion of the project and after the warranty on such improvements has expired.
The City shall also be responsible for the maintenance of any lighting or additional aesthetic
elements installed as a result of the 2009 Metropolitan Council solicitation. All maintenance within
County right-of-way shall be in accordance with the current County policy as adopted in the Dakota
County Transportation Plan. Traffic control for maintenance shall be in accordance with Minnesota
Manual of Uniform Traffic Control Devices (MnMUTCD).
Transitway Directional Signage (Way Finding):
Dakota County will maintain free standing transitway directional signage.
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
3. City Utilities. City utility modifications required as part of the project shall be considered
part of project construction costs. Improvements, replacements, and upgrades not required by the
project, including improvements to sanitary sewer, watermain, storm sewer, and conduits for future
fiber optic, shall be funded entirely by the City. Further, the City shall be responsible for
maintenance of all City water, sanitary sewer and fiber optic utilities regardless of project funding
after the completion of the project.
4. Private Utilities. Dakota County will enter into an agreement with Dakota Electric to bury
the overhead power lines along Cedar Avenue within the project limits. The parties have agreed
that, to the extent possible, all utility lines along the corridor will be buried in the right-of-way or in
public easements areas. In addition, the County shall enter into relocation agreements with other
private utilities required by the project to be relocated and not the responsibility of the private
utility company. All costs for burying or relocating such utility lines, not paid for by the utility, will
be considered project construction costs to be paid from project funds.
5. Right -of -Way. The County will acquire permanent highway right-of-way for roadway and
signal reconstruction, as well as trail, drainage and utility easements and retaining wall
easements for the project in a manner consistent with applicable state and federal laws and
rules. Any right-of-way required for improvement of City streets will be conveyed to the City at
the completion of the project. Any right-of-way costs for new sanitary sewer or water mains and
appurtenances outside of the highway right-of-way shall be the responsibility of the City. The
City will temporarily assign to the County, for the period of construction, all adjacent city -
controlled public easements and real property and rights-of-way necessary to construct the
project. This includes, but is not limited to real property, sidewalk easements, landscape
easements, and drainage and utility easements.
6. Traffic Signals. The project includes removing existing signal systems, modifying existing
signal systems, and installing new signal systems. Removing, modifying, and installing new
pinnal s%ictcmc shall he considered n�rt of nrnicarrt nnnetriiiction costs.wJ-
4
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
The maintenance and operation of traffic signals shall be as defined by existing agreements for
the in-place signal systems at 160th Street, 170th Street, Dodd Boulevard, and 179th Street. The
maintenance and operation of new signals at Griffon Trail/Upper 164th Street and at Glacier Way
shall be defined by separate agreement.
7. Award of Contract. The final construction plans and specifications shall be approved by the
County and City prior to advertisement for bids. The County will advertise for bids for the
construction of this project in accordance with applicable state and federal laws and will provide
the City with an analysis of the bids received. All contracts to complete the work of this project
will be awarded by the County Board in accordance with state law.
8. Contract Administration. Contract administration costs are anticipated to be 8% of the
construction costs, estimated at $100,000. Actual contract administration and inspection costs
for all project construction within Lakeville shall be shared between the County and the City at a
rate of 89.5 % and 10.5 %, respectively. The County shall administer the contract and the City
shall assist in inspection of all project aesthetic elements, sanitary sewer, and watermain in a
timely manner as to not delay construction of the project. The City will not be reimbursed for City
staff costs for inspection.
9. Right -of -Way Permitting. The parties mutually agree that the County shall be the
responsible authority for managing the right-of-way and for the issuance of permits authorizing
any permitee to excavate, install, conduct maintenance and/or place any obstruction including
signs, within County right-of-way or within drainage and utility easements for the purpose of the
project. City staff will be consulted prior to the issuance of any permit within public drainage and
utility easements, to ensure compliance with all applicable city ordinances that regulate such
activities. The City retains the authority to issue and administer permits which may be required
pursuant to the building code or city zoning regulations.
10. Transit Station Stop. The County shall undertake a Siting Study, at no cost to the City, to
determine the feasibility of the station stops at 162nd and Glacier Way.
5
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
11. Payment. The County will administer the construction contract and act as the paying agent
for the costs of acquiring the required highway right-of-way, and 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, in turn will bill the City for its share of the project
costs not before January 1, 2014. 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 30 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.
12. Final completion. Final completion of the construction project must be approved by both
the County and the City.
13. Storm Sewer Maintenance. Upon acceptance of the project, the County and the City shall
be responsible for storm sewer system maintenance in accordance with current County policy as
adopted in the Dakota County Transportation Plan. Dakota County will participate in the
maintenance costs of the pond located on the west side of Cedar Avenue 200 feet north of 167th
Street in the amount of 13% by the County and 87% by the City based on contributing flows.
The City shall be responsible for maintenance of the ponds. The County shall reimburse the City
for its share of the costs.
14. Retaining Wall and Fence Maintenance. The County shall be responsible for maintenance
of retaining wall and fences within Highway right-of-way.
15. Sidewalk and Bike Trail Maintenance. After completion of construction, the City shall be
responsible for bike trail and sidewalk maintenance in accordance with current County policy as
adopted in the Dakota County Transportation Plan.
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
16. Pavement Maintenance. Upon acceptance of the project by the City and County, the
County shall be responsible for all pavement and shoulder maintenance within County right-of-
way. Pavement repairs necessitated by a failure of a city utility system or installation of new city
facilities shall be the City's responsibility.
17. Subsequent Excavation. After completion of the project, and after expiration of the
warranty period regarding repair, if excavation within the 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 Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures for the
project, unless amended by the contract specifications.
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 for which the County is responsible including future operation and maintenance of
facilities owned by the County 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
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
construed to allow a claimant to obtain separate judgments or separate liability caps from the
individual parties.
20. 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. Any and all persons
engaged in the work to be performed by the City shall not be considered employees of the
County for any purpose, including Worker's Compensation, or any and all claims that may or
might arise out of said employment context on behalf of said employees while so engaged. Any
and all claims made by any third party as a consequence of any act or omission on the part of
said City employees while so engaged on any of the work contemplated herein shall not be the
obligation or responsibility of the County.
21. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the City and the County relevant to the
Agreement are subject to examination by the County or the City and either the Legislative Auditor
or the State Auditor as appropriate. The City and County agree to maintain these records for a
period of six years from the date of performance of all services covered under this agreement.
22. 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 roadway and signal construction provided for in this Agreement.
N:WighwaylAGRMEN7120101CedarTransit Lakeville 11671 Final.doc
County Project Nos. 23-59, 23-64 Contract 11671
February 8, 2010
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
APPROVED AS TO FORM: (SEAL)
City Attorney
BV
City Clerk
Date
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
County Engineer
COUNTY BOARD RESOLUTION:
No: Date:
9
APPROVED AS TO FORM:
Assistant County Attorney
By:
Physical Development Director
Date:
N
Cedar Avenue Transitway
I
1
Joint Powers Agreement
between the City of Lakeville
and Dakota County
1
Lakeville City Council
February 16, 2010
What is Bus Rapid Transit (BRT)?
Advanced Transit
•,y. Services and
1 Facilities: '[Fi
• High level of
�•
1 transit services
I Multiple Vehicles
• Substantial
1 Stations
• Bus Lanes
• Fare Collection
• Rider Information
Systems
Streetscape —Monument Sign Landscaping Enhancement
1
1' -
1 Y
1.
1
1;
I`
• 160th St (CSAH 46) Southwest Corner
• Ornamental Grasses
• Flowering Trees
Cedar Avenue: A lifeline for
Dakota County
o
B.:
Q
Mall of America to CSAH 70 in
Lakeville: 16 miles
9lue::.
1
m
'
Roadway Elements:
as
1
0
— Jurisdiction includes Mn/DOT and
0
I
Dakota County
p
Transit Elements:
I
m
®
— Bus Rapid Transit Along Shoulders
— 3 On -Line Stations and 5 Park -n -Ride
Stations
Buz
,;•
• Pedestrian/Bikeway Facilities
Streetscape —Monument Sign Landscaping Enhancement
1
1' -
1 Y
1.
1
1;
I`
• 160th St (CSAH 46) Southwest Corner
• Ornamental Grasses
• Flowering Trees
Streetscape— Intersection Cornier Paving
• Standard Gray Pedestrian Area
• Colored Concrete Border
• Benches in Select Locations
Streetscape — Privacy Fence
1
I
1
1
• Plastic/Wood Composite Material with Natural Wood Color and
Texture
• 6' Tall
Streetscape — Retaining Wall Conditions
i
I
I
I
1-
1 �
I
Roadway/Trail Below Adjacent
Property
Streetscape — Tree Spacing
Roadway/Trail Above Adjacent
Property
Continuous Deciduous Canopy Trees Behind Trail
Groupings of 3, Approximately- 30' on- center spacing
Coniferous Trees as Additional Buffer where Right of Way Permits
Cedar Avenue Transitway
Funding Sources
as Federal
• State
• County Transit Improvement Board (CTIB)
• Local
— Regional Railroad Authority
— County
- City
Right of Way and Construction Cost
10% Local Share of Costs ,
10% Local Share - City of Lakeville
• Based on actual construction in each city
Highway/Transit Split
• Surface area of new construction
• Streetscape over base considered transit cost a .
Dakota
Ile
County/City SplitLakevilleCounty
• Highway split per County policy
• Transit split proposed at 20% e
Based on Proposed 20% Transit City Share
Right of Way, Construction costs to County and RRA ......................................... $1,028,411
• Right of Way, Construction costs to Lakeville (2.58%) ............................................$358,054
City of Lakeville Highway Construction Administration and Inspection cost ...................$99,885
• Lakeville Transit Construction Administration and Inspection In -Kind
NOTES: All costs are estimates based on 60% construction plans
Construction Administration and Inspection estimated at 8% of Highway Construction Cost
Cedar Avenue Bus Rapid Transitway
A-1. 11.11— -4 1 iok.. flw
Project Element
Federal
State
CTIB
Local
TOTAL
Preliminary Engineering -
Preliminary Design and
Environmenul Assessment
$983,679
$427.455
$1,411,134
Prelmarary Engmeenng -
Final Design
$2,256,000
$2,256,000
Preliminary Engineering -
Right of way
41,300,500
$1,300,500
Technical Contract
Transitway Right Of Way
Acpuisltion
$7,687,200
S960,900
5963.56
$9,609,000
Transitway Construction.
Utilities_streetscape
St5,554,3_
53,267,000
$16,743.580
S3.9-.3.877
--------
539,538,777
--------
_ _
ROw 8 Construction
_
_
_____-
SUBTOTAL
$23,241,520
$3.287,000
$17,704.480
$4,914,777
549,147,777
Construction Administration
53,162,50
$3,162,500
$24,22S,199
$7,270.955
$17,704,480
$8,077,277
$57,277,911
PROJECT
TOTALS
42.30%
12.70%
30.90%
14.10%
100,00%
Agreement Items
�I County policy allows the County to
advance -fund city's cost share if needed
Overhead Dakota Electric lines be buried
with the project
1�
Aesthetic elements included in project
= (trees, privacy fencing, benches)
as City maintains aesthetic elements
• County agrees construction closure
duration should be kept to a minimum
Project Schedule
• February 2010
— Detailed design complete
— Complete Property Appraisals
1 — Authorization to make offers for property
1 August 2010
1 — Possession of property
• Fall 2010
— Utility work can begin
— Bidding of Project
— Minor Construction Begins—temporary lane closures
• Spring — Fall , 2011— 2012
— Major Construction — permanent lane closures
Thankyou
• Contact Information:
i
1
1 Kristine Elwood, P.E.
Cedar Avenue Project Manager
952-891-7104
www.dakotacounty.us, Search Cedar
i
Upcoming Public Meetings
• February 18, 7:30 a.m. to 9:00 a.m.
• March 18, 4 p.m. to 7:30 p.m.
Location :
Dakota County Western Service Center
14955 Galaxie Avenue, Apple Valley