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HomeMy WebLinkAboutItem 06.gDate: 5 March 2012 Item No. Approve Joint Powers Agreement with Dakota County for Engineering, Right -of -Way Acquisition and Construction of the Kenwood Trail (CSAH 50) / 185 Street (CSAH 60) Roundabout, the Expansion of Kenwood Trail from 185 Street to Jurel Way and the Expansion of 185 Street from Kenwood Trail to Orchard Trail to Full 4 -1-ane Divided Highways City Project No. 09 -07 Dakota County Project Nos. 50 -17 and 60 -21 Proposed Action Staff recommends adoption of the following motion: Move to approve the Joint Powers Agreement (JPA) with Dakota County for Engineering, Right -of -Way Acquisition and Construction of the Kenwood Trail (CSAH -50) / 185` Street (CSAH -60) Roundabout, the Expansion of Kenwood Trail from 185 Street to Jurel Way and the Expansion of 185 Street from Kenwood Trail to Orchard Trail to Full 4 -lane Divided Highways. Overview Attached is a JPA with Dakota County that identifies the project responsibilities and costs associated with the intersection construction and highway expansion. General maintenance will be consistent with the policies in the Dakota County Transportation Plan. The City will be responsible for maintenance of aesthetic elements (landscaping, decorative pavements), intersection lighting and trails. The City will be responsible for 45% of the engineering, right - of -way acquisition and construction costs of the project. The City's estimated cost is $2,178,000. Dakota County will request first payment of the City's share of the project costs after August 1, 2014, but no later than October 1, 2014. The project has been approved for $1.632 million in federal funding in 2013. The project is programmed for construction in 2014 in both the City's and Dakota County's 2012 -2016 Capital Improvement Plans. Engineering work is in progress with right -of -way acquisition anticipated in 2013. Project completion is expected by November, 2014. Primary Issues to Consider Is the proposed project consistent with the City's Capital Improvement Plan? The project is consistent with the City's Capital Improvement Plan. Supporting Information • A copy of the Joint Powers Agreement is attached (Contract No. C0023593). • A summary of the project's funding sources h ry :Jo n on J Interim City Engineer - Financial Impact: $2,178,000 Budgeted Related Documents (CIP, ERP, etc.): Notes: Yes Source: Municipal State Aid Fund Lakeville and Dakota Co. 2012 -2016 Capital Improvement Plans Estimated Project Costs by Funding Source Listed below is a summary of the project's funding sources: . Dakota County: $2,662,000 City of Lakeville: $2,178,000 Federal Grant: $1,632.000 Total Project: $6,472,000 Dakota County # C0023593 JOINT POWERS AGREEMENT DAKOTA COUNTY fey !•S. s ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR DAKOTA COUNTY PROJECT NOs. 50 -17 and 60 -21 CITY OF LAKEVILLE PROJECT NO. 09 -07 FOR THE Construction of a roundabout intersection at County State Aid Highway (CSAH) 50 (Kenwood Trail) and CSAH 60 (185` Street), the expansion of CSAH 50 from CSAH 60 to Jurel Way and the expansion of CSAH 60 from CSAH 50 to Orchard Trail to full 4 -lane divided highways in Lakeville, Dakota County. C.P. 50 -17 and 60 -21 February 29, 2012 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 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 one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to construct a roundabout intersection at County State Aid Highway (CSAH) 50 (Kenwood Trail) and CSAH 60 (185 Street), expand CSAH 50 from CSAH 60 to Jurel Way and expand CSAH 60 from CSAH 50 to Orchard Trail to full 4 -lane divided highways in Lakeville, Dakota County, the "project "; 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 intersection construction and highway expansion as set forth herein. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with intersection construction and highway expansion and related activities as described in the following sections: Engineering Design engineering including all aspects of the project (public involvement, education, preliminary/final design etc..), construction engineering, construction management, construction inspection and all related materials testing shall be shared in the amount of fifty -five (55 %) by the County and forty -five (45 %) by the City. 2. Construction Items The costs for the construction of the roundabout intersection at CSAH 50 and CSAH 60, and the expansion of CSAH 50 and CSAH 60 to 4 -lane divided highways shall be shared in the amount of fifty -five (55 %) by the County and forty -five (45 %) by the City. Cost sharing includes all highway construction items, mitigation required by state and federal permits including accessibility requirements; storm sewer and other drainage facilities eligible for County `a C.P. 50 -17 and 60 -21 February 29, 2012 State Aid funding based on contributing flows; replacement or restoration of fences, landscaping and driveways when affected by construction; replace or adjust sanitary sewer, water and storm sewer systems, if required due to construction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; County's share of water pollution best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards; installation of roundabout and design elements integral to the safe design and operation of a roundabout; intersection lighting, and all other construction aspects outlined in the plan except for elements as called out under this agreement or the current Dakota County Transportation Plan. 1 Aesthetic Elements. Aesthetic elements for the project consist of colored concrete and/or concrete surface treatments in the boulevard, splitter islands and roundabout center circle. The County will participate up to 50% of the cost of aesthetic elements up to a maximum amount of three percent of the County's share of highway construction costs. Highway construction costs exclude costs for items such as right of way, storm sewer and ponding. The City shall be responsible for 50% of the costs of all aesthetic elements and 100% of the costs that exceed the County's maximum participation for aesthetic elements. The responsibility for maintenance of all aesthetic elements shall be in accordance with the current adopted Dakota County Transportation Plan. 4. Miscellaneous Elements. General maintenance will be handled as detailed in the policies with the current Dakota County Transportation Plan. 5. Intersection Lighting Maintenance and Energy Costs. After completion of the project, the City shall be responsible for maintenance and energy costs of the intersection lighting at the roundabout intersection at CSAH 50 and CSAH 60. The City will perform or coordinate the lighting maintenance, receive billings and pay for all routine maintenance (relamping) and energy costs for the project. The County will be responsible for up to 55% of intersection lighting replacement; the City will be responsible for all remaining costs. 3 C.P. 50 -17 and 60 -21 February 29, 2012 6. City Utilities Except as stated in the above sections of this agreement, the City shall pay all other costs for new sanitary sewer, water mains and appurtenances constructed as part of this project. Further, the City shall be responsible for the maintenance of all such facilities after the completion of the project. 7. Right -of -Way 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 pending, and water pollution control best management practices for the project. 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% by the County and 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 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. S. Design and Construction 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 and the County shall approve the plans and specifications prior to advertising for bids. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 9. Payment 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 shall provide a financial status report to the City on a quarterly basis. The report shall show estimated final costs, costs paid to date, and each entity's prorata share of the total project cost. The County will request first payment of the City's share of the project costs (i.e. engineering, right -of -way acquisition, construction) after August 1, 2014, but no later than October 1, 2014. The County will request 0 C.P. 50 -17 and 60 -21 February 29, 2012 payment on a quarterly basis for any project costs incurred after those included in the 2014 payment request. 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. 10. 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 body. 11. 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 sidewalk, landscape and lighting maintenance, in no event will this Agreement continue in effect after December 31, 2015, unless the parties mutually agree to an extension of the project term. 12. 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, Assistant City Engineer, and the County's appointed representative is Ross Beckwith, Construction Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 11 Final completion Final completion of the construction project must be approved by both the County and the City. 5 C.P. 50 -17 and 60 -21 February 29, 2012 14. Storm Sewer Maintenance Upon acceptance of the project, the County and the City shall be responsible for storm sewer maintenance in accordance with the current Dakota County Transportation Plan. 15. Sidewalks and Bike Trails Upon acceptance of the project, the City shall be responsible for sidewalk and trail maintenance. The County and the City shall be responsible for the costs of trail resurfacing or reconstruction in accordance with the current Dakota County Transportation Plan. 16. Pavement Maintenance Upon acceptance of the project by the County and City, the County shall be responsible for all pavement maintenance within County right of way unless necessitated by a failure of a municipal utility system or installation of new facilities. 17. Subsequent Excavation After completion of the project, and after expiration of the warranty period regarding repair, if excavation within the highway 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. 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 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 :. C.P. 50 -17 and 60 -21 February 29, 2012 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. 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. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City. 21. 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 Legislative 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. 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 roundabout intersection and road expansion provided for in this Agreement. rFA C.P. 50 -17 and 60 -21 February 29, 2012 IN WITNESS THEREOF, the Parties have caused this agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE IV41101A1L1:401 G100201: Interim City Engineer APPROVED AS TO FORM: City Attorney IA Mayor (SEAL) By City Clerk Date 1771:( *1fi01i1tP III WA RECOMMENDED FOR APPROVAL: County Engineer County Attorney Date By: Physical Development Director COUNTY BOARD RESOLUTIONS No. Date: