HomeMy WebLinkAboutItem 06.eApril 3, 2014 Item No.
APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
ENGINEERING AND TRAIL CONSTRUCTION ALONG DODD BOULEVARD
April 7, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers
Agreement (JPA) with Dakota County for Engineering nd Trail Construction along Dodd
Boulevard (CSAH c)) from 208t6 Street to Kenwood Trail (CSAH jw), City ProAect 3.2--16.
Passage of this motion will establish City and County project responsibilities and costs
associated with the trail construction project.
Overview
The City will construct a bituminous trail along the west side of Dodd Boulevard frOM 2oW�
Street to Kenwood Trail, consistent with the City's trail development plan. The trail will be
constructed in 2014 with the City's annual miscellaneous roadway repairs and overlays project.
The City will be responsible for 45% of the engineering, easement acquisition and construction
costs. Attached is a JPA with Dakota County that identifies the project responsibilities and
costs.
Primary Issues to Consider
0 What is the City's estimated cost? The estimated cost of the City's share is s66,ol5.
Supporting Information
0 A copy of the Joint Powers Agreement is attached (Contract No. C0025757)
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Financial impact: $66,015 Budgeted: Yes Source: Park Dedication Fund
Related Documents (CIP, ERP, etc.): 2014-2018 Capital Improvement Plan
Notes: Additional fundinR provided bv Escrow Fund
Dakota County Contract # C0025757
JOINT POWERS AGREEMENT
DAKOTA COUNTY
TRANSPORTATION DEPARTMENT
AGREEMENTFOR
ENGINEERING AND TRAIL CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR
COUNTY PROJECT NO. 9-52
CITY PROJECT NO. 12-16
FOR
Construction of a bituminous trail on the west side of County State Aid Highway (CSAH) 9 (Dodd
Boulevard) from 208th Street to County State Aid Highway (CSAH) 50 (Kenwood. Trail) in Lakeville,
Dakota County.
Dakota County Contract No. C0025757
March 27, 2014
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 Sections 162.17, subd. 1 and 471.59, subd. 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, it is considered mutually desirable to construct a bituminous trail on the west side of County
State Aid Highway (CSAH) 9 (Dodd Boulevard) from 2 08ffi Street to County State Aid Highway (CSAH) 50
(Kenwood Trail) in Lakeville, Dakota County; and
WHEREAS, the County and the City have included these projects in their Capital Improvement Programs
to share project responsibilities.
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly
participate in the project costs associated with the overlay of the bituminous bikeway trails as described in
the following sections:
Engineering Costs. The costs related to design engineering, construction engineering,
construction management, construction inspection and all related materials testing shall be shared in the
amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City, See Section 2
for assignment of engineering and administrative responsibilities.
2� Plans, Specifications and Award of Contract. The City will prepare plans and specifications
consistent with County design practices, State -Aid design standards, the Dakota County Transportation
Plan, and the City's utility and street construction standard specifications. County concurrence with the
plans and specifications is required prior to advertising for bids. The City Council will award the contract
for construction of the bituminous trail to the lowest responsive and responsible bidder in accordance with
state law.
3. Trail Construction Costs. Construction costs for the following items shall be shared in the amount
of fifty-five percent (55%) by the County and forty-five percent (45%) by the City:
a. All trail related construction and restoration items within County or City right of way
b. Replacement or adjustment of sanitary sewer, water and storm sewer systems, if required
due to trail construction
c, Relocating or adjusting privately owned utilities on their easement within Dakota County or
City right of way, when not performed at the expense of the utility
2
Dakota County Contract No. C0025757
March 27, 2014
d. Any required water pollution control best management practices, rate and volume control
requirements necessary for trail construction within County or City right of way.
4. Estimated Costs. It is estimated that the cost of constructing the bituminous trail, including
engineering costs as defined in Section 1, are as follows:
Dodd Boulevard Trail:
CSAH O/Dodd Boulevard construction — Length� 3,360'
208'0 Street to Kenwood Trail — west side
Cost Share: City $66,015 (45%), County $80,685 (55%), Total $146,700
5, Easements,. The County will acquire all necessary permanent easements and temporary
construction easements for trail construction. Easement costs shall be shared in the amount of fifty five
percent (55%) by the County and forty-five percent (45%) by the City. The County shall purchase the
necessary easements in accordance with State statutes and rules governing acquisition of public right-of-
way. Maintenance and operation of the trail within the easement areas shall be in accordance with the
Maintenance Agreement for County Bikeway Trails governing trail maintenance and operation.
6. Payment. The City will 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 City Engineer.
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.
7. Change Orders and Supplemental Agreements, Any change orders or supplemental agreements
that affect the project cost participation must be approved by both the City and County prior to execution
of work,
8. 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.
9. Effective Dates for Design and Construction of Prooect. 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
Dakota County Contract No. C0025757
March 27, 2014
10, Rules and Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures, and State statutes
as applicable to carrying out the work contemplated in this Agreement unless amended by the contract
specifications.
11. 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 to
allow a claimant to obtain separate judgments or separate liability caps from the individual parties.
12. Employees of Parties. Any and all persons engaged in the work to be performed by the County
shall not be considered employees of the City and any and all claims that may or might arise out of said
employment context on behalf of said employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part of said employees while so engaged on
any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all
persons engaged in the work to be performed by the City shall not be considered employees of the
County 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 employee while so engaged. Any and all claims made
by any third party as a consequence of any act or omissions of the part of the City's employees while so
engaged on any of the work contemplated herein shall not be the obligation or responsibility of the
County,
13. Audit. Pursuant to Minn. Stat, Sec. 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, 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.
14. Integration and Continuing Effect. The entire and integrated agreement of the parties contained
in this Agreement shall supersede aft prior negotiations, representations or agreements between the
County and the City regarding the project: whether written or oral, Aft agreements for future maintenance
Im
Dakota County Contract No. C0025757
March 27, 2014
or cost responsibilities shall survive and continue in full force and effect after completion of the projects
provided for in this Agreement.
15. Authorized Representatives. The County's authorized representative for the purpose of the
administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955 Galaxle Avenue, 3rd
Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his successor, The City's authorized
representative for the purpose of the administration of this Agreement is Zach Johnson, City Engineer,
20195 Holyoke Avenue, Lakeville, MN 55044, phone (952) 985-4500, or his successor. All nofice$ or
communications required or permitted by this Agreement shall be either hand delivered or mailed by
certified mail, return receipt requested, to the above addresses. Either party may change its address by
written notice to the other party. Mailed notice shall be deemed complete two business days after the
date of mailing,
[SIGNATURE PAGE TO FOLLOW]
WH�qhway�AGPMEN11,2014�Trail Projects Lakevifle C0025757.docx
5
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized
officials.
RECOMMENDED FOR APPROVAL�
City Engineer
RECOMMENDED FOR APPROVAL:
County Engineer
COUNTY BOARD RESOLUTION
No. Date:
CITY OF LAKEVILLE
By
Mayor
(SEAL)
By
City Clerk
Date
DAKOTA COUNTY
County Administrator
Date:
APPROVED AS TO FORM:
Assistant County Attorney Date