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HomeMy WebLinkAboutItem 06.eAugust 29, 201 Lakeville Item No. APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR INTERSECTION IMPROVEMENTS AT KENWOOD TRAIL (CSAH -50) AND JAGUAR AVENUE AND 202 STREET (CSAH -50) AND HOLYOKE AVENUE September 3, 2013 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Passage of this motion will establish City and County project responsibilities and costs associated with the CSAH -50 intersection improvements project. Overview Dakota County will reconstruct the intersections at Kenwood Trail (CSAH -5o) and Jaquar Avenue and 202 Street (CSAH -5o) and Holyoke Avenue as part of their annual milts and overlay projects. Construction is scheduled to begin in October, 2013. The City will be responsible for 45% of the engineering and construction costs. Attached is a JPA with Dakota County that identifies the project responsibilities and costs. Primary Issues to Consider • What improvements will be made with this project? Supportiniz Information Staff analysis of primary issues 0 A copy of the Joint Powers Agreement is attached (Contract No. C0025o87) J ach °'alb ity Engineer Financial Impact: $56,350 Budgeted: Related Documents (CIP, ERP, etc.): Notes: Yes Source: Public Works Reserve Fund Staff Analvsis of Primary Issues • What improvements will be made with this project? The project includes the following improvements: 1. Construction of a designated right -turn lane along Jaguar Avenue at Kenwood Trail (CSAH -50). 2. Removal of the median and construction of a designated right -turn lane along 2 0 2 n Street (CSAH -5o) at Holyoke Avenue as well as the installation of a marked pedestrian crosswalk. Contract No. C0025087 JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENTFOR INTERSECTION IMPROVEMENTS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COUNTY PROJECT NO. 50 -20 CITY PROJECT NO. 13 -14 FOR THE Intersection improvements at County State Aid Highway (CSAH) 50 (Kenwood Trail), and Jaguar Avenue and at CSAH 50 (202 " Street West) and Holyoke Avenue, both in Lakeville, Dakota County. County Project No.50 -20; City Project No. 13-14 Contract No. C0025087 June 14, 2013 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 §§ 162.17, subd. 1 and 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 improve the intersections at County State Aid Highway (CSAH) 50 and Jaguar Avenue and at CSAH 50 and Holyoke Avenue in Lakeville (the "Project "); and WHEREAS, the County and the City will jointly participate in the costs of said project. NOW, THEREFORE, it is agreed that the County and the City will share Project responsibilities and costs associated with the project and related activities as described in the following sections: 1. Engineering Design engineering including all aspects of the project (preliminary /final design etc.), construction engineering, construction management, construction inspection and all related materials testing shall be shared in the amount of 55% by the County and 45% by the City. 2. Construction Items. The costs for the intersection improvements at CSAH 50 and Jaguar Avenue and at CSAH 50 and Holyoke Avenue 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, replace or adjust water and storm sewer systems, if required due to reconstruction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; 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. 3. Plans and Specifications. The County shall prepare the complete Project plans and specifications for the intersection improvements to be added to the County's 2013 milling and VA County Project No.50 -20; City Project No. 13-14 Contract No. C0025087 June 14, 2013 bituminous overlay projects. The County will obtain a price quote from the overlay contractor for the Project work. City approval of the plans, specifications and price quote is necessary prior to construction. 4. 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, 5. 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, in turn, will bill the City for its share of the Project costs. 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 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 and documentation of actual costs incurred in carrying out the work. 6. 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. 7. 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. 8. 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, 2014. 3 County Project No.50 -20; City Project No.13 -14 Contract No. C0025087 June 14, 2013 9. Final completion Final completion of the construction Project must be approved by both parties. 10. Pavement Maintenance Upon acceptance of the Project, 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. 11. 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 restore the excavated area and road surface to substantially the condition existing immediately prior to the disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the City shall hold the County harmless from any and all liability 'Incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. 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. 12. Rules and Regulations The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 13. 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 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 party, nothing in this Agreement shall be construed El County Project No.50 -20; City Project No, 13-14 Contract No. C0025087 June 14, 2013 to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. The County shall include the City as additional insured in the contract documents. 14. Acts of Employees 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 and any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 15. Audits. Pursuant to MINNESOTA STATUTES § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City 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 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. Dakota County will be financially responsible for the cost of the audit. 16. 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 County and the City regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the roadway construction provided for in this Agreement. [SIGNATURE PAGE TO FOLLOW] 5 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: City Engineer M Mayor (SEAL) City Clerk Date a =! • s Ni RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION: APPROVED AS TO FORM: Assistant County Attorney / Date County Administrator No: 13 -353 Date: July 9, 2013 Date: