HomeMy WebLinkAboutItem 06.tDecember 20, 2010
Item No.
APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND APPLE VALLEY
FOR TRANSPORTATION ENHANCEMENTS AND AMENDMENT TO JOINT POWERS
AGREEMENT WITH DAKOTA COUNTY FOR STREETSCAPE IMPROVEMENTS
Cedar Avenue BRT Corridor, City Improvement Project 08 -12
Proposed Action
Staff recommends approval of the attached Joint Powers Agreement with Dakota County and Apple Valley for
Transportation Enhancements (Contract 12857) and Amendment to Joint Powers Agreement with Dakota
County for Streetscape Improvements (Contract 13031), pertaining to the Cedar Avenue BRT Corridor.
Overview
The cities of Lakeville and Apple Valley jointly applied for federal funding to be used for transportation
enhancements, including lighting, streetscape, landscaping, and traffic signal safety improvements for the
Cedar Avenue Transitway. The funds should be available in 2013. The federal funds would pay 80% of
enhancements with a local match of 20 %. Dakota County will front -end the costs covered by the grant until
funding is available. The grant will be in the maximum amount of $1,020,000, with a minimum of $612,000
allocated for enhancements in Apple Valley and a maximum of $408,000 for enhancements in Lakeville. The
cities are obligated to pay a local match of 20 %. Lakeville's local match would be a maximum of $102,000.
The enhancement funds are also contingent upon congressional approval of a new transportation bill or
extension of the current bill.
Proposed lighting includes trail lights between 162 and Glacier Way, commercial lighting between 160 —
162 and Glacier Way to 181 St., and replacement of the existing wood pole intersection lights. The City
contracts with Dakota Electric to install and maintain lighting. The lighting proposed along the Cedar Avenue
corridor can not be competitively bid with the Cedar Avenue project if maintained by Dakota Electric as utility
companies work under a different electric code than electricians. The City of Lakeville would then contract
with Dakota Electric to install the lighting and Dakota County would utilize the enhancement funds on other
eligible items such as fencing, landscaping and decorative pavers.
In exchange for the grant funds, Dakota County, in accordance with the Amendment to Joint Powers
Agreement for Streetscape Improvements (Contract No. 13031), will reimburse Lakeville for costs incurred by
the City for the street and trail lighting contract with Dakota Electric. Reimbursement will be made by Dakota
County deducting from Lakeville's share of project costs 100% of the actual construction costs of lighting up to
$408,000. The City would be responsible for all lighting costs in the event there is no enhancement funding.
Dakota Electric has a preliminary cost estimate of $429,000 for all lighting.
Primary Issues to Consider
Funding will be moved from the State Aid Fund from 2013 to 2011. There is a risk of no enhancement funding
and the City will be responsible for all lighting cost.
Supporting Information
• Joint Powers Agreement Between the County of Dakota and the Cities of Apple Valley and Lakeville for
Trsportation Enhancements for Cedar Avenue Transitway (Contract No. 12857)
• A endment to Joint Powers Agreement Between County of Dakota and City of Lakeville for Streetscape
improve , ants o the Ced, r Avenue Bus Rapid Transit (Contract No. 13031)
Ceitfh' H. Nelson, City Engineer cc: Kristine Elwood, Dakota County Transportation Department
1 Financial Impact: $458,000 Budgeted: Yes Source: Year 2013, Dakota County
Related Documents (CIP, ERP, etc.):
JOINT POWERS AGREEMENT BETWEEN
THE COUNTY OF DAKOTA AND THE CITIES OF
APPLE VALLEY AND LAKEVILLE FOR
TRANSPORTATION ENHANCEMENTS
FOR CEDAR AVENUE TRANSITWAY
Contract No. 12857
This Agreement is made and entered into as of the day of , 2010, by
the County of Dakota, a political subdivision of the State of Minnesota ( "Dakota County "), the
City of Apple Valley, a Minnesota municipal corporation ( "Apple Valley ") and the City of
Lakeville, a Minnesota municipal corporation ( "Lakeville ") (collectively the "Parties ", or the
"Cities" if referring only to the two cities), each acting by and through its duly authorized
officers pursuant to Minn. Stat. § 471.59.
WHEREAS, Dakota County and Apple Valley entered into a Joint Powers Agreement for
Right-of-Way Acquisition, Highway and Transitway Construction, Signal Construction, Utility
Relocation, and Streetscape Improvements for County Project No. 23 -59, 23 -64, and 23-70, City
Project No. 2010 -108, Contract No. 10900 (the "Apple Valley JPA "); and
WHEREAS, Dakota County and Lakeville entered into a Joint Powers Agreement for
Right-of-Way Acquisition, Highway and Transitway Construction, Signal Construction, Utility
Relocation and Streetscape improvements for County Project No. 23 -59 and 23 -70, City Project
No. 08 -12, Contract No. 11671 (the "Lakeville JPA "); and
WHEREAS, the Cities jointly submitted an Application for Federal Transportation
Enhancements, Cedar Avenue Transitway, designated as Metropolitan Council project
identification number TE -09 -52 (the "Application ") requesting federal funding for transportation
enhancements described on Exhibit A attached hereto and incorporated herein (the
"Transportation Enhancements "); and
WHEREAS, the Application was granted (the "Grant ") for federal funding in the amount
of $1,020,000 (the "Grant Funds "), subject to payment of 20% matching funds by the Cities
estimated in the amount of$255,000 (the "Matching Funds "); and
WHEREAS, the Parties desire to state their Agreement on interim or advance funding
pending receipt of federal Grant Funds; and
WHEREAS, the Parties desire to enter into this Agreement regarding their respective
rights and obligations in connection with construction and funding of the Transportation
Enhancements;
NOW, THEREFORE, the Parties agree as follows:
Contract No. 12857
November 30, 2010
GRANT FUNDS. The federal Grant Funds of $1,020,000, shall be allocated as follows:
a. The County shall receive the federal enhancement grant funds on behalf of the
Cities of Apple Valley and Lakeville,
b. A minimum of $612,000 of Grant Funds shall be allocated to pay for
enhancements in the City of Apple Valley for items directly associated with the
installation of "Additional Transportation Enhancement Elements" within the City
of Apple Valley as described in the Apple Valley JPA and in the Application.
The County will provide advance funding of the federal Enhancement Grant
Funds made available to cover eligible enhancement items for the project. Apple
Valley agrees to assign to Dakota County or will reimburse Dakota County all of
the federal funds allocated to Apple Valley upon completion of the project and
receipt of the federal Grant Funds.
c. A maximum of $408,000 of Grant Funds shall be allocated to pay for
enhancements in the City of Lakeville for items directly associated with the
installation of "Transportation Enhancement Elements" within the City of
Lakeville as described in the Lakeville JPA and in the Application. The County
will provide advance funding of the federal Enhancement Grant Funds made
available to cover eligible enhancement items for the project, Lakeville agrees to
assign to Dakota County or will reimburse Dakota County all of the federal funds
allocated to Lakeville upon completion of the project and receipt of the federal
Grant Funds.
d. If the City of Lakeville determines that their allocation should be less than
$408,000, the Cities of Apple Valley and Lakeville will agree on the remainder of
the allocated funds and how they should be distributed,
e, Both Cities will provide documentation to Dakota County and to each other
necessary to assist the County in complying with the reporting requirements
required by the Grant.
f. Dakota County shall carry out the work of the project to be paid for with the
Grant Funds for the purposes described in this Agreement and shall comply with
any and all applicable reporting requirements.
g.
If the bids or costs for actual work received by the County for the completion of
the Additional Transportation Enhancement Elements exceed the total of the
federal grant funds and the matching funds for that work, the County will consult
with the Cities to eliminate enhancement items from the project to reduce the total
costs to the available federal enhancement funds while maintaining compliance
with the Grant requirements. If the Cites cannot agree on which enhancement
items to eliminate to reduce costs or agree to include enhancements in the project
that result in enhancement costs in excess of the grant amount, the Cities will
provide additional funds to the County to cover the amount that the enhancement
7
Contract No. 12857
November 30, 2010
costs exceed the grant amount. Each City is solely responsible for 100% of the
cost of additional Transportation Enhancement Elements not covered by federal
Grant Funds and not determined as part of the base Transportation Enhancement
Elements to be constructed in each City, respectively.
After a contract has been executed for the construction of County Project No. 23 -59, 23 -64 and
23 -70 and project work has commenced, if the State of Minnesota or the federal government
should determine that the federal Grant Funds will not be provided to the County, Apple Valley
will pay the County a minimum of 8612,000 or 80% of the actual enhancement grant work
completed for reimbursement of federal enhancement grant funds and Lakeville will pay the
County a maximum of 8408,000 or 80% of the actual enhancement grant work completed for
reimbursement of federal enhancement grant funds , both in addition to the Matching Funds the
Cities must pay the County pursuant to Section 2 of this Agreement. Because the Grant Funds
are paid as reimbursement after work has been completed, any decision by the Federal
government or the State of Minnesota to withhold payment of the grant funds will obligate the
Cities to reimburse the County each City's respective share of the costs for the enhancements
built in conformance with the Grant.
2. MATCHING FUNDS. The Matching Funds estimated as a total amount of 8255,000 or
20% of actual enhancement items shall be paid as follows:
a. Apple Valley shall pay Dakota. County a minimum of $153,000 or 20% for
Matching Funds toward costs directly associated with Transportation
Enhancements within the City of Apple Valley as described in Exhibit A and
provide documentation to Dakota County, with a copy to Lakeville. Dakota
County shall expend the Matching Funds for the purposes described in this
Agreement and shall comply with any and all applicable reporting requirements.
b. Lakeville shall pay Dakota County a maximum of $102,000 or 20% for Matching
Funds toward costs directly associated with Transportation Enhancements within
the City of Lakeville as described in Exhibit A and provide documentation to
Dakota. County, with a copy to Apple Valley. Dakota County shall expend the
Matching Funds for the purposes described in. this Agreement and shall comply
with any and all applicable reporting requirements.
e. The Cities will be billed by the County as the work is completed.
3. COUNTY DUTIES.
a. The County will designate a publicly employed registered engineer, (the Project
Engineer ") to be in responsible charge of the Project and to supervise and direct
the work to be performed under any construction contract let for the project. If
the County elects to use a private consultant for engineering services, the County
will provide a qualified, full -time public employee of the County, to be in
responsible charge of the project. The services of the County to be performed
pursuant to this Agreement may not be assigned, sublet, or transferred unless
3
Contract No. 12857
November 30, 2010
written consent is obtained from both Cities. This written consent will in no way
relieve the County from its primary responsibility for perfolmance of the work.
b. The County will furnish the personnel. services, supplies and equipment
necessary to properly supervise and document the work of the Project.
c. The County will pay the contractor pursuant to the contract for work performed
on the Project.
d. The County will submit invoices for payment to Federal Highway Administration,
Minnesota Department of Transportation, the Cities, and all other agencies
providing funds for the project,
Both Cities will assist the County in conducting inspections of the Transportation Enhancements
as work progresses. The Cities will not be reimbursed for city staff costs or other city costs for
participating in such inspections.
4. TERMS AND CONDITIONS. The terms and conditions of the Apple Valley JPA and
the teens and conditions of the Lakeville JPA, as applieable, remain in full force and effect and
shall govern the Parties' rights and obligations with respect to the Transportation Enhancements,
including without limitation, award � of contract(s), contract administration, right -of -way
permitting, final completion, payment, indemnification, liability limits and audits.
5. COMPLIANCE WITH GRANT. The Parties agree to comply with all terms and
conditions of the Grant. In the event of any conflict between the Grant and this Agreement, the
terns of the Grant shall control.
6. INDEMNIFICATION. The County agrees to defend, indemnify, and hold harmless the
Cities against any and all claims, liability, loss, damage, or expense arising from the County
carrying out its obligations under this Agreement that are caused by negligent acts or omissions
of the County andior those of County employees or agents. Each City agrees to defend,
indemnify, and hold harmless the County and the other City against any and all claims, liability,
loss, damage, or expense arising from each City carrying out its obligations under this
Agreement that are caused by or result from negligent acts or omissions of the City andior those
of the City's 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 any Party, nothing in this agreement shall be construed to allow a claimant to obtain
separate judgments or separate liability caps from the individual parties.
7. AUDITS. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the Cities and the County relevant to the
Agreement are subject to examination by the Cities or the County and either the Legislative
Auditor or the State Auditor as appropriate. The Cities 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.
4
Contract No. 12857
November 30, 2010
8. TERM OF AGREEMENT. This agreement will be effective upon execution by the
County and by appropriate officials of both Cities, and will remain in effect for five (5) years
from the effective date or until all obligations set forth in this Agreement have been satisfactorily
fulfilled, whichever occurs first.
9, COUNTERPARTS. This Agreement may be executed in two or more counterparts each
of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
10. AMENDMENTS. Any amendments /supplements to this Agreement must be in writing
and be executed by the same parties who executed the original agreement, or their successors in
office.
[Signature page follows]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date(s) indicated below,
Dated:
APPROVED AS TO FORM:
Assistant County Attorney / Date
Dated:
Dated:
Dated:
Dated:
6
COUNTY OF DAKOTA
By: Lynn Thompson
Its: Physical Development Director
Contract No. 12857
November 30, 2010
By: Mark J. Krebsbach
Its: Transportation Director /County Engineer
CITY OF APPLE VALLEY
By: Mary Hamann - Roland
Its: Mayor
By: Pamela J. Gackstetter
Its: City Clerk
CITY OF LAKEVILLE
By: Holly Dahl
Its: Mayor
By: Charlene Friedges
Its: City Clerk
PROJEcr DESCRIMON
ntANSPORTATION EN H &N CEM)NTs PROGRAM.
CEDAR.AVENU TR/01Sn' CO
Dakota Cont. in conjunction with, the City of Apple Valley and - the City of .Lakcvillo axe. proposing, to
implement slzentseapt and lighting enhanc,.,—ainnts to the Cedar Avmue. Transitway. Tha purpose of
These enhancements is to farther develop an environment for ped,...trians that proviii ,safe
tratsitway aini. rcinfortes. connections to existing nei-2hbothoods aadloeX businesses.
the Cities of Appie Valley and Laic:n Cedar Avenue is . underaoing a significant
tmnsfomation to implement Biis Rapid Transit (BIZT) serf an.d increase mobility along the corridor.
pthc and Ride. Stations are eurr.ently - under construction. at 155th .S.freet an Apple arid - Alst Street
rn Lakeville.. Transit use is expezted - to significantly increase - upon completion. of Ch
13ertilming, in 2D10, ,111-110Z roadway crmsiou is se-heck-led for Cedar Avenue to provide .dedusted
Ehoulder for . BRT. vehicles and additional ti:atlic lanes along the central pertion.-of - the project corridor.
The proposed transport:at:lost alikancenuents contained within this application consist of spteilla
elements A descripti6n o hes,' elements is provided hdlow.
.Curready, safety condidous for . pedes... - ilins and transit users dramatically .rtdnce durin
even;Tig and nihi lioux to inconsistent .lig.hting- infrastnucture. Pdesiziar_t-scale s propocd .
along the Cedar Avenue corridor extending from Mst Street in Lakeville to 1:38 Sireat in . Apple
Valley Pedestrian lighting is intended to inTrove ptiblic safety and security for pedestrians and.irtuisit
users. Street level 1i.9±Ting from 1.62nd Street in Lakeville to 140th. Street in. Apple Valley is also
proposed to provide a. .uniform ligl7 the business districts within I...,air.oville..and..Apple
Valley. The new lighting wiil incr visibiiiry aianr the trail corridor allowlng . u,==s: to sat.Feiy
navigate the vsten and accet,,q transit..statiow; When it is dads...
2. Streetscape Components.; These hems are inlended to preserve and cahonce a p.c,dc...stdar, and
community scale for the Cedar Avenue corridor by providing additional tree and landscape. veg,-n...ition
Inuntings with the Dm.Rose of making C dal" Avt.n more inviting: and am-active w pedestrians and transit
users, Other proposed items include pavers. ecdored concrete and benchis-nrectseape nodes wiThin
segments of the. boulev-ard and eenter medians to imp overall, appearance of the corriabr and theilLatt
higher pedestrian and transit usage.
5. Way/inkling: PT ka wouid irClade wayfinding and other infarmarional f.,:omnonents Reused
on BRT station stopn and business disnict iocanons to assist in guiding pedestrians and transit users to
local des inaaions.with Laknii.13 e. and. Apple
4. Traffic Sigani Safety Improvements.7 Accessible- Pedeswian Sigial (APS) systems will assist
rnranred pedestrians by providing audible sranoi &ndces to as-is t ha locating . the pedestrian
nnsbbuttous atlap.±...volume traffic control signals., These systems are not rt.:quired on sltaials „lathe Ce.dar
Avanne c-orrido.rbut would- be provided to. , -r 1 pedesn id tbe cor-cidor..
Lynn Thompson, Director
Physical Development Division
AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN
COUNTY OF DAKOTA AND CITY OF LAKEVILLE
FOR STREETSCAPE IMPROVEMENTS ON THE CEDAR AVENUE BUS RAPID TRANSIT
Assistant County Attorney Date
Date of Signature
1
Contract No. 13031
WHEREAS, effective February 26, 2010, the County of Dakota (County) and the City of Lakeville (City) entered
into a Joint Powers Agreement for the provision of services related to the Cedar Avenue Bus Rapid Transit
(BRT); and
WHEREAS, the parties estimated the City's cost participation in said work to be $458,000; and
WHEREAS, the City has stated its intention to assume sole financial responsibility for installation of lighting,
estimated to be $400,000, and to release the County from any obligation with regard to such lighting; and
WHEREAS, the contract plans and specifications approved by both the City and County for bidding on the
project have eliminated any reference to installation of lighting as a project element; and
WHEREAS, the Contract provides that any amendments shall be valid only when expressed in writing and duly
signed by the parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows:
1. In the event the City of Lakeville undertakes a separate street and trail lighting contract for installation of
lights along the Cedar Avenue corridor, the City's share of the cost participation shall be reduced by the
actual cost incurred by the City under this separate contract up to a maximum amount of $408,000.
2. The City will be solely responsible for engineering, construction and maintenance of lighting as desired
by the City.
3. The City will assume all financial responsibility for all work related to installation and maintenance of
said lighting.
4. The City will defend, indemnify and hold the County harmless from any claims arising from said lighting
project.
5. The City will coordinate all work related to said lighting project with the balance of construction on BRT
shoulder construction project to avoid any time delay or additional expense to the County
6. The County will deduct 100% of the actual construction costs of lighting up to $408,000 from the City's
reimbursement to the County for the City's share of construction costs.
7. All other terms of the Agreement between the County and the City shall remain in full force and effect
unless otherwise amended or terminated in accordance with law or the terms of the Contract.
8. In any case where this Amendment conflicts with the earlier Agreement, this Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
COUNTY OF DAKOTA CITY OF LAKEVILLE
Approve as to form:
By
Date of Signature
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