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HomeMy WebLinkAboutItem 06.j Date: April 6, 2020 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND LAKEVILLE AREA SCHOOLS FOR TRAFFIC STUDY AND ACCEPT SEH PROPOSAL FOR PROFESSIONAL SERVICES Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County and Lakeville Area Schools to complete a traffic study, City Project 20-21; and accept SEH proposal for professional services. Overview The City, County and Lakeville Area Schools (ISD 194) are partnering to conduct a traffic study of the travel shed bordered by Dodd Boulevard to the east, Kenwood Trail to the south, Ipava Avenue to the west and Indiana Avenue to the north. The traffic study will help all parties better understand the impact of planned capital improvement projects within and along the travel shed, and to further assess travel shed needs. The Joint Powers Agreement establishes City, County and ISD 194 traffic study responsibilities and cost participation. SEH’s proposal identifies the scope of services and estimated cost to complete the traffic study. The City is the lead agency and will administer SEH’s contract; therefore, the total project cost is reflected in this memo. The parties will share project responsibilities and jointly participate in the project cost. Each party will pay 1/3 of the traffic study cost; the City’s estimated net cost is $10,567. Primary Issues to Consider • Proposal is subject to the Master Agreement for Professional Engineering Services between the City and SEH approved by the City Council on July 18, 2016. Supporting Information • Joint Powers Agreement (Dakota County Contract No. C0032542) • SEH Proposal dated March 2, 2020 Financial Impact: $31,700 Budgeted: Y☒ N☐ Source: General Fund Related Documents: Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Zach Johnson, City Engineer Dakota County Contract No. C0032542 JOINT POWERS AGREEMENT FOR LAKE MARION ELEMENTARY SCHOOL AND LAKEVILLE NORTH HIGH SCHOOL TRAFFIC STUDY BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE AND LAKEVILLE AREA SCHOOLS (INDEPENDENT SCHOOL DISTRICT 194) FOR COUNTY PROJECT NO. 09-061 CITY PROJECT NO. 20-21 LAKEVILLE AREA SCHOOLS PROJECT NO. _____ SYNOPSIS: Dakota County, the City of Lakeville and Lakeville Area Schools agree to conduct a traffic study of the traffic shed bordered by Dodd Boulevard to the east, Kenwood Trail to the south, Ipava Avenue to the west and Indiana Avenue to the north to better understand the impact of planned capital improvement projects and to assess travel shed needs in Lakeville, Dakota County. City Project No.20-21 County Contract No. C0032542 March 31, 2020 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the “County"; the City of Lakeville, referred to in this Agreement as the “City"; and Lakeville Area Schools, referred to in this Agreement as "ISD 194" and collectively as the “Parties”, 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, it is considered mutually desirable to conduct a traffic study to understand the impact of planned capital improvement projects and to assess travel shed needs bordered by Dodd Boulevard to the east, Kenwood Trail to the south, Ipava Avenue to the west and Indiana Avenue to the north, in Lakeville, Dakota County, the “Project”; and WHEREAS, the Parties have mutually agreed to the benefit of the Project and jointly participate in the costs of the Project. NOW, THEREFORE, it is agreed that the Parties will share Project responsibilities and jointly participate in the costs associated with the Project, and related activities as described in the following sections: 1. Engineering. Engineering including all aspects of the Project including evaluation, data collection and project involvement as outlined in the study proposal. 2. Cost Sharing. SEH is a consulting firm with traffic engineering expertise and staff experience. SEH provided a project methodology and detailed work plan to complete the Project at a total proposed cost of $31,700. Each party to this Agreement will pay 1/3 (33.33%) of the Project cost. The City will enter into and administer a contract with SEH and coordinate the work. County, City and ISD 194 staff time will be the responsibility of the respective agency. Each of the Parties hereto shall have access to SEH’s staff, data and work-product as if it were the party contracting with SEH. City Project No.20-21 County Contract No. C0032542 March 31, 2020 3 3. Payment. The City will administer the contract and act as the paying agent for all payment to the consultant for the study. Payments to the consultant will be made as the Project work progresses and when certified by the City Engineer. The City will request payment of the County’s share and ISD 194’s share of the Project costs on a monthly basis. 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. 4. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all Parties prior to execution of work. For the purposes of this section, the County’s appointed representative is Kristi Sebastian, Traffic Engineer; City’s appointed representative is Zach Johnson, City Engineer, and ISD 194’s appointed representative is Beth Louden, Director of Facilities and Plant Planning, or their successors. All Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay the Project. 5. Amendments. Any amendments to this Agreement will be effective only after approval by all governing bodies and execution of a written amendment document by duly authorized officials of each body. 6. 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. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2020. City Project No.20-21 County Contract No. C0032542 March 31, 2020 4 7. Final Acceptance. Final acceptance of the Project must be approved by the Parties. While this Agreement does not obligate a party to undertake specific transportation system improvements, the Parties agree it is essential to collaborate in transportation planning improvements to ensure safety goals, operations and objectives identified in the Project. 8. Rules and Regulations. The Parties shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 9. Indemnification and Insurance. Each party to this Agreement shall be solely liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, their officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County, the City and the District. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 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. In order to insure a unified defense against any third party liability claim arising from the work of the Project, the City agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All such insurance policies shall name City, County, and District as additional insureds. City agrees to promptly provide the County and the District copies of any insurance policy related to this Agreement upon their request. City Project No.20-21 County Contract No. C0032542 March 31, 2020 5 10. Audits. Pursuant to Minnesota Statutes Sec 16C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the City, County and ISD 194 relevant to the Agreement are subject to examination by the City, County or ISD 194 and either the Legislative Auditor or the State Auditor as appropriate. The Parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. The City will be financially responsible for the cost of the audit. 11. Government Data Practices. The Parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each Party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any Party under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any Party. If any Party receives a request to release data referred to in this Clause that was received by the Party receiving the request from another Party, the Party receiving the request to release the data must immediately notify the Party from whom the data originated. The originating Party and the Party receiving the request to release the data will consult with each other concerning the release of the data to the requesting party before the data is released. 12. 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 Parties regarding the Project; whether written or oral. City Project No.20-21 County Contract No. C0032542 March 31, 2020 6 13. 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@co.dakota.mn.us Zach Johnson (or successor) Lakeville City Engineer 20195 Holyoke Avenue Lakeville, MN 55044 (952) 985-4500 zjohnson@lakevillemn.gov Bill Holmgren (or successor) ISD 194 Executive Director of Business Services 17630 Juniper Path, Suite A Lakeville, MN 55044 (952) 232-2000 bill.holmgren@isd194.org [SIGNATURE PAGES TO FOLLOW] 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_______________________ City Project No.20-21 County Contract No. C0032542 March 31, 2020 9 DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By Physical Development Director __________________________ Date________________ County Engineer APPROVED AS TO FORM: Assistant County Attorney Date: KS-2020-00119 COUNTY BOARD RESOLUTION No. __-___ Date: April __, 2020 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax March 2, 2020 RE: City of Lakeville Lake Marion Elementary School & Lakeville North High School Traffic Assessment Mr. Zachary Johnson, PE City Engineer, City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Dear Mr. Johnson: Short Elliott Hendrickson Inc. (SEH®) is pleased to submit this proposal for the Lake Marion Elementary School and Lakeville North High School Traffic Assessment project. Work Plan Task 1 Project Management SEH Project Manager John Gray will work with Lead Traffic Engineer Erin Jordan to complete this traffic assessment to the City’s satisfaction. John will be responsible for tracking the budget and progress of the project as well as providing quality checks throughout the project duration. He will work closely with Erin and the traffic team to ensure that the deliverables are of high quality and timely. Erin will coordinate with the SEH team and City to ensure all critical decisions are accurately communicated and track project status as it relates to the project schedule and deliverables. She will oversee and review the work of the SEH team throughout the data collection phase, operations analysis phase, recommendations phase, and the final summary report. Effective project management for the traffic assessment will require timely communication with the City and other stakeholders. SEH has included up to 10 half hour phone calls with the City/stakeholders to discuss findings. In-person meetings are not included in the project scope. Task 2 Traffic Analysis 2.1 Data Collection Accurate traffic modeling and analysis will require the collection of turning movement count data at surrounding intersections and driveways. The data collection will be completed on a weekday (Tuesday- Thursday), during a normal schedule school day (i.e. no late start or early dismissal). Attempts will be made to collect data on a fair weather day to obtain representative pedestrian and bicycle counts with the traffic data. SEH will collect turning movement count data for a total of 13 hours (6:00 AM to 7:00 PM) at a total of 13 intersections or driveways using video cameras. Lake Marion Elementary School & Lakeville North High School Traffic Assessment February 28, 2020 Page 2 Total turning movement data will be processed for the following intersections: 1. CSAH 9 & CSAH 50 2. CSAH 9 & Heritage Drive/Icenic Trail 3. CSAH 9 & Itea Way 4. CSAH 9 & Indiana Avenue 5. CSAH 50 & Ipava Avenue 6. Ipava Avenue & Iredell Court/Lakeville North High School Driveway North 7. Ipava Avenue & Indiana Avenue Driveway turning movement data will be processed for the following driveways: 8. CSAH 50 & Icenic Trail 9. Ipava Avenue & Ames Arena Driveway South 10. Ipava Avenue & Ames Arena Driveway North 11. Ipava Avenue & Ames Arena Driveway/Lakeville North High School Overflow Parking (198th St) 12. Ipava Avenue & Lakeville North High School Driveway South 13. Indiana Avenue & Lakeville North High School Driveway Based on the traffic data, an overall network AM Peak Hour, School Dismissal Peak Hour, and PM Peak Hour will be determined. Figure 1 shows the traffic data collection locations. 2.2 Trip Generation and Trip Distribution SEH will conduct trip generation and trip distribution analysis using development information provided by the City, local traffic data, and information provided by the Institute of Transportation Engineers Trip Generation Manual (10th Edition). The trip generation and distribution analysis will consider the following programmed improvements: · ¾ access at CSAH 9 & Heritage Drive/Icenic Trail · ¾ access at CSAH 9 & Indiana Avenue/194th Street · Ames Arena Parking Lot Expansion (adding 81 stalls; 158 total stalls) · Lakeville North High School Parking Lot Expansion (adding 63 stalls; 185 total stalls) · Construction of a 240-ft x 410-ft indoor practice facility · Lake Marion Elementary School Expansion (adding 200 students; 900 total students) · Kingspath Senior Ministries (70-unit, 3-story senior living facility; 84 parking stalls) · Bethlehem Evangelical Lutheran Church (17,600 SF; 200 parking stalls) For the basis of analysis, it was assumed that all development will be present in the 2020 Build model. 2.3 Forecast Analysis SEH will utilize historical traffic data on the roadways to determine 2020 and 2040 average annual daily traffic (AADT). Additionally, SEH will determine an annual linear growth rates to apply to the traffic counts at the study intersections to forecast to 2040. Lake Marion Elementary School & Lakeville North High School Traffic Assessment February 28, 2020 Page 3 2.4 Traffic Operations Analysis SEH will perform traffic operations analysis for the study intersections using Synchro/SimTraffic software (Version 9). The three peak hours will be analyzed using 2020 and 2040 traffic volumes in the following 5 scenarios: 1. No build (Includes private development) 2. Build (Roadway improvements and private development) 3. Build (1-way roadway connection between Ames Arena and Lake Marion Elementary School) 4. Build (2-way roadway connection between Ames Arena and Lake Marion Elementary School) 5. Build with mitigations (1 model to include all recommended mitigations) Signal warrant analyses will be conducted if unacceptable operations are seen with existing traffic control at the intersections of Ipava Avenue & Indiana Avenue or CSAH 9 & Indiana Avenue. Preliminary concept drawings are not included as part of this study. A safety analysis is not included as part of this study. !( !(!( !( !( !( !( !( !( !( !( !( !( 4567 456750 9 K E N W O O D T R L 194THSTW HERI TAGE D R INDIANA AV E ICENIC TRL DODD BLVDITEA WAY I PAVA AVEIC E NIC W A Y IDEAL WAY IMPALAAVEHAZEL NUT AVE 197TH ST W HORN BEAM AVEIBERIS AVEHILLCRES T AV E IDEALICAVE198TH S T W I RELANDPL203RD ST W HOYA CTITEA AVEIC A L E E PAT H IRELANDCTITERI LN 192NDSTW 202ND ST W 201ST ST W ICICLEAVEIBERIA AVEINDORATRLINDIO PATHITALY AVEIRELANDWAYIRIS W A Y IN GLESIDECTICEFALL TRLISLANDVIEW CIR HUXLEY AVE 196TH ST W INNDALE DR IREDELL CT Figure 1 3535 VADNAIS CENTER DR. ST. PAUL, MN 55110 PHONE: (651) 490-2000 FAX: (888) 908-8166 TF: (800) 325-2055 www.sehinc.com Traffic Count Locations Map by: ejordan Projection: Source: Print Date: 2/28/2020 This map is neither a legally recorded map nor a survey map and is not intended to be used as one. This map is a compilation of records, information, and data gathered from various sources listed on this map and is to be used for reference purposes only. SEH does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and SEH does not represent that the GIS Data can be used for navigational, tracking, or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The user of this map acknowledges that SEH shall not be liable for any damages which arise out of the user's access or use of data provided. Lake Marion Elementary School and Lakeville North High School Traffic Assessment City of Lakeville, Dakota County, MNPath: S:\KO\L\lakev\common\Lakeville - School Traffic Study Documents from City\Project Proposal\Lakeville Count Map.mxd!(13-Hour Count !(13-Hour Count (Driveway Turns Only) Lake Marion Elementary School & Lakeville North High School Traffic Assessment February 28, 2020 Page 5 Task 3 Final and Draft Report SEH will prepare a technical report summarizing the findings of the traffic study. This report will include the traffic data, 2020 and 2040 operations analysis, and recommended mitigations for the study intersections to accommodate the development traffic. A draft report will be provided to the City to review and provide comments. Once comments are received and addressed, SEH will electronically submit a final report to the City. Schedule SEH will meet the proposed schedule, completing the full project within 6-12 weeks after notice to proceed is received. It is understood that the completion of the project shall occur prior to the construction of the roadway connection between Ames Arena and Lake Marion Elementary School. Task Proposed Schedule Data Collection, Site Visit, Data Processing Weeks 1-2 March 30 - April 13 Traffic Operations Analysis Weeks 3-6 April 13 – May 4 Draft Report Weeks 7-9 May 4 – May 25 City Comment Period Week 9 May 25 – June 1 Address Comments and Submit Final Report to City Weeks 10-12 June 1 – June 19 Fee Estimate We propose to perform these services for a cost not to exceed of $31,700. SEH will not exceed this fee without prior approval from the City. Fees for these proposed services will be based on actual hours spent at current billing rates plus the actual cost of reimbursable expenses up to the maximum fee amount. Any additional services performed will be invoiced on the basis of actual hours spent plus the actual cost of reimbursable expenses. All services will be invoiced on a monthly basis. Task Cost Task 1: Project Management $8,600 Task 2: Traffic Analysis $16,000 Task 3: Draft and Final Report $7,100 Total SEH Fee $31,700 We look forward to working with you on this project. If you have any questions, please contact me at 651.490.2073 or via email at jgray@sehinc.com. Sincerely, John Gray, PE (MN) Project Manager cc: Erin Jordan, PE (MN, WI) – SEH