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HomeMy WebLinkAboutItem 09Date: 12 October 2012 APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR A TRANSPORTATION STUDY OF THE KENWOOD TRAIL (CSAH 50) CORRIDOR BETWEEN 185 STREET (CSAH 60) AND DODD BOULEVARD (CSAH 9) CITY PROJECT No. 12.15 AND DAKOTA COUNTY PROJECT No. 50 -19 Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement (JPA) with Dakota County for a Transportation Study of the Kenwood Trail (CSAH 50) Corridor from 185 Street (CSAH 60) to Dodd Boulevard (CSAH 9). Passage of this motion will establish City and County project responsibilities and costs associated with a transportation corridor study for Kenwood Trail from 185 Street to Dodd Boulevard. Overview At its September 4, 2012 meeting, the City Council approved a resolution requesting Dakota County to initiate a study to consider transportation improvements for the Kenwood Trail corridor from 185 Street to Cedar Avenue. This study focuses on phase 1 along Kenwood Trail from 185 Street south to Dodd Boulevard. The study will assist the City and County in identifying transportation needs for Kenwood Trail and the surrounding transportation area, evaluating transportation improvement options, and developing conceptual corridor plans for short and long term recommendations to address existing and future transportation issues. School District 194 will provide input and support throughout the course of the study. City and County staff evaluated proposals from three qualified consulting firms and selected the proposal from CH2MHill as exhibiting the most complete understanding of the project and services needed to efficiently complete the study within the desired timeframe in a cost effective manner. Cost of the study is estimated at $75,000, the City is responsible for 45% of the total cost. Staff has reviewed the JPA and recommends approval. Primary Issues to Consider • Will there be public involvement? CH2MHill's proposal emphasizes multiple meaningful opportunities for public participation, including public open houses and meetings with area neighborhoods and businesses. Supporting Information • Joint Powers A ment ntract No. C0024474) Item No. C'nstop Petree Public Works Director Financial Impact: $33,750 Budgeted: Yes Source: General Fund Related Documents (CIP, ERP, etc.): Notes: JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR A TRANSPORTATION CORRIDOR STUDY BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR DAKOTA COUNTY PROJECT NO. 50 -19 CITY OF LAKEVILLE PROJECT NO. 12 -15 TO Contract No. C0024474 Conduct a Transportation Study to develop short and long term improvement recommendations to County State Aid Highway (CSAH) 50 (Kenwood Trail) from CSAH 60 (185 Street) to just west of CSAH 9 (Dodd Boulevard) and the surrounding transportation system in Lakeville, Dakota County. County Project 50 -19 Contract No. C0024474 October 11, 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 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, the County and the City seek to conduct a Transportation Study to develop short and long term improvement recommendations for County State Aid Highway (CSAH) 50 (Kenwood Trail) from CSAH 60 (185 Street) to just west of CSAH 9 (Dodd Boulevard) and the surrounding transportation system in Lakeville; and WHEREAS, the County and the City require professional services as set forth in this Agreement to conduct the Transportation Study to identify needs and develop a plan to address those needs for the CSAH 50 (Kenwood Trail) corridor and the area transportation system. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with the Transportation Study engineering and related activities as described in the following sections: 1. Transportation Study. The Transportation Study will involve the City and County working with School District 194 and the public to identify transportation needs in the area of the CSAH 50 corridor, evaluate improvement options to address those needs, and prepare study reports and conceptual plans for short-term and long -term recommendations. A public involvement process will be used to engage the community and evaluate alternative plans. The study phase will start in October, 2012 with completion expected by April, 2013. 2 3 County Project 50 -19 Contract No. C0024474 October 11, 2012 The County shall be responsible for fifty -five (55) percent of the study cost, and the City will be responsible for forty -five (45) percent of the study cost. 2. Plans and Specifications. The County Transportation Department staff sent a Request for Proposals (RFP) to consulting firms with traffic engineering expertise, and received three proposals. Transportation staff and City of Lakeville staff evaluated the proposals based on project understanding and approach, methodology for completing the work, staff experience, and a detailed work plan showing the hours needed to complete each task. The review agencies determined the proposal of CH2MHill, Inc. exhibited the most complete understanding of the project and services needed for the project to effectively deliver the study on schedule in a cost effective manner. The CH2MHill, Inc. total proposed cost is $74,874 including reimbursable items. The County will enter into a contract with CH2MHill, Inc., and will administer the contract and coordinate the study work of the consulting firm. 3. Payment. The County will act as the paying agent for payments to the consultant. Payments to the consultant will be made as the project work progresses and when certified for payment by the Dakota County Engineer. The County, in turn, will bill the City for its share of the professional services as specified in Paragraph 1. Upon presentation of an itemized claim by one agency to the other, the receiving agency will 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 with the consultant and documentation of actual costs incurred in carrying out the work. 4 County Project 50 -19 Contract No. C0024474 October 11, 2012 4. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the project cost participation must be approved by both parties prior to execution of work. 5. Amendments. Any amendment 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. 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, 2013. 7. 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. 8. 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 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 N:1HighwaylAGRMENT12012150 -19 C0024474 Lakeville Study.doc 5 County Project 50 -19 Contract No.00024474 October 11, 2012 party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 9. 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. 10. 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. 11. 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. Neither party will be bound by the recommendations of the consultant and each agency shall retain final decision - making authority with respect to road improvements within their respective areas of responsibility IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: By City Engineer Mayor (SEAL) County Engineer COUNTY BOARD RESOLUTION No. 12- Date: CITY OF LAKEVILLE Date DAKOTA COUNTY By City Clerk RECOMMENDED FOR APPROVAL: By Physical Development Director Date APPROVED AS TO FORM: Assistant County Attorney Date