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Item 06.k
February 1, 2011 Lake Item No. FEBRUARY 7, 2011 CITY COUNCIL AGENDA ITEM APPROVE PROPOSAL FROM DAKOTA ELECTRIC ASSOCIATION FOR STREET AND TRAIL LIGHTING ALONG CEDAR AVENUE Cedar Avenue BRT Corridor City Improvement Project 08-12 Proposed Action Staff recommends approval of the proposal from Dakota Electric Association for street and trail lighting along Cedar Avenue, pertaining to the Cedar Avenue BRT Corridor. Overview The cities of Lakeville and Apple Valley previously applied for federal funding in the maximum amount of $1,020,000 for the Cedar Avenue Transitway Streetscape Enhancement improvements. Federal funding would cover 80% construction cost with a local share of 20 %. Lakeville's share of the federal funding would be capped at a maximum amount of $408,000. At its December 20, 2010 meeting, the City Council approved a Joint Powers Agreement with Dakota County and Apple Valley for Transportation Enhancements. Anticipated funding would not be available until 2013. Dakota County would frontend the grant portion of cost for construction in 2011 and 2012. Proposed lighting includes underground wiring with trail lights between 162"` and Glacier Way, commercial lighting between 160 — 162r and Glacier Way to 181 St., and replacement of the existing wood pole intersection lights. Dakota Electric estimates the cost to install the lighting system at $428,000. The actual amount of funding to be requested for lights would be $342,000 based on 80% of Dakota Electric's estimate for light installation. Since the street lights cannot be bid and installed by others if they are to be maintained by DEA, Dakota County will utilize Lakeville's grant funds on other enhancement improvements and Lakeville will contract directly with Dakota Electric. On December 20, the Council also approved an Amendment to Joint Powers Agreement for Streetscape Improvements (Contract 13031) wherein Dakota County will reimburse Lakeville for costs incurred by the City for street and trail lighting installed by Dakota Electric along the Cedar Avenue BRT Corridor when the grant funds become available. Primary Issues to Consider Funding will be from the State Aid Fund and moved from 2013 to 2011. In the event there is no future transportation bill with the anticipated funding, the City would be responsible for all lighting costs with no reimbursement from Dakota County, Supporting Information • December 20, 2010 Agenda Memorandum • Amendment to Joint Powers Agreement Between County of Dakota and City of Lakeville for Streets e Improvements on the Cedar Avenue Bus Rapid Transit (Contract No, 13031) • P opo ' from akota Electric Association Keith H. Nelson, City Engineer Financial Impact: $428,000 Budgeted: Yes Source: State Aid Fund Related Documents (CIP, ERP, etc.): December 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 casts 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 Transportation Enhancements for Cedar Avenue Transitway (Contract No. 12857) • Amendment to Joint Powers Agreement Between County of Dakota and City of Lakeville for Streetscape Improvements on the Cedar Avenue Bus Rapid Transit (Contract No, 13031) Keith H. Nelson, City Engineer cc: Kristine Elwood, Dakota County Transportation Department Financial Impact: $458,000 Budgeted: Yes Source: Year 2013, Dakota County Related Documents (CIP, ERP, etc.): r AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN COUNTY OF DAKOTA AND CITY OF LAKEVILLE FOR STREETSCAPE IMPROVEMENTS ON THE CEDAR AVENUE BUS RAPID TRANSIT WHEREAS, effective February 26, 2010, the County of Dakota (County) and the City of Lakeville ,City's 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 iiahting, 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 11. ove as to Assistant County Attorney Lynn Thai pson, Director Physical Development Division Date of Signature 4 1 - 1 �i Date f V l" 717 ;riJyll G R tvl EN 72G` 1 1J S 1, f; 71;7 L i < -1 , 1' t,{ 1 CITY OF LAKEVILLE Hoar Dahl ,. Nfayor Date of Signature. - - 2 /2.0/2010 a 1 City Clerk Contract No, 13031 DAKOTA eiELECTR1C A 5 5 0 C l A T 1 0 N Your Touchstone &iergy Partner 0,01 A lady owned, nonprofit electric utility printed nn aetyded pe��er January 11, 2011 Mr. Mark DuChene City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: Cedar Avenue street /trail lighting improvements Dear Mark, An Affirmative Action /Equ©, Opportunity Employer As you requested, Dakota Electric Association has put together the estimated costs to install street and trail lighting along Cedar Avenue during the upcoming roadway reconstruction project in 2011 & 2012. Dakota Electric Association estimates the cost to install the requested lighting system is $428,000. Maps are attached showing the approximate location of lighting equipment to be installed. If you wish to proceed with the installation of this project in conjunction with the roadway construction activities, please submit a purchase order to Dakota Electric Association for the amount of the estimate. If you have any questions regarding this estimate or the drawings, please give me a call. Thanks. Sincerely, Sue Pariseau Land Use Project Manager Attachments 4500 223th Street West Farmington, MN 55024.9583 1- 800 -574 -3409 general: 651- 463-6212 fax: 651. 463 -6256 www.dokotuelectri[.corn