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HomeMy WebLinkAboutItem 06.tf October 2; 2014 Item No. JOINT POWERS i4GGREEMENT'ViIITH DAKOTA COUNTY AND PROPOSAL FROM SRF CONSULTING GROUP FOR DESIGN ENGINEERING'' OF DODD BOULEVARD FROM 194TH.STREET TO 185TH STREET October 6, 2.014 City Council Meeting Pr-olsosed Action Staff recommends adoption of the following motion. Move to , aQprove ,Joint Powers WAA& Passage of this motion will establish City and County study :responsibilities and costs, and authorize SRF to provide professional services -according to the scope of work established in their proposal dated August 28, 2014. The approved 2014-2018 Capital Improvement Plan (CIP) programs the reconstruction of Dodd Boulevard (CSAM 9) from 194Th Street to 185th Street (CSAR 6o) in 2o18, Based on development of the draft 2015-2019 CIH the City and County propose that this project be programmed for construction in 2o16. To meet the new project delivery date, design engineering is proposed to be completed in 2014 and 2o15. The City is responsible for storm sewer and ponding design of the project. Attached is a proposal from SRF providing the scope of work, estimated cost and schedule for completing the storm sewer and ponding design. The Dakota County Board of Commissioners is scheduled to reviewthe JPA on October7, 2014. Prirna1y Issues to.Consider What is the project financing? See attached response. Will additional JPA`s be required in the future? See attached response. Supporting Information Staff analysis of primary issues Joint Powers Agreement (Contract No: C0026241) ® SRF Consulting Group proposal dated August 28, 2,014 Financial impact: _ ;$158,670 Budgeted: Yes Source: T+ltuniG pal State Aid Related Docurnents.(CIP, ERP; etc.):: _201472018Capital l:mgrs vomen.t'`Plan Notes: ; dditionai funding provided 0y';Nkota County Staff Analysis of Prima1y Issues What is the project financing? The City will be responsible for 5% of the design engineering costs. Financing will be provided from the Municipal State Aid Street Fund. Listed below is a summary of the project's funding sources: Dakota County: $.3-91930 d City of Lakeville: $3-58x67o Total Project: $352,600 0 Will additional JPA`s be required in the future? If the City Council and Dakota County Board of Commissioners approve their respective 2015-2019 CIP's as drafted (with the new project delivery date of construction in 2o16), a future JPA for right-of-way acquisition and construction will be brought forward for consideration in 2oi5. Design engineering is required under either scenario and can be utilized to assist Developers within the area in coordinating their plans. Dakota County Contract C0026249 JOINT POWERS AGREEMENT FOR DESIGN ENGINEERING BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 9-36 CITY OF LAKEVILLE PROJECT NO. 13-09 SYNOPSIS: Dakota County Transportation Department and the City of Lakeville agree to plan for the reconstruction of County State Aid Highway (CSAH) 9 (Dodd Boulevard) from 994x'' Street to CSAH 60 (98e Street) in Lakeville, Dakota County. Contract No. C0026241 County Project 9-36 September 30, 2014 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "County"; and the City of Lakeville, referred to in this Agreement as "City". 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 plan for the reconstruction of CSAH 9 (Dodd Boulevard) from 194'h Street to CSAR 60 (185th Street) as a four lane divided roadway; and WHEREAS, funding has been programmed for the reconstruction of CSAR 9 (Dodd Boulevard) in the County and City Capital Improvement Programs; and WHEREAS, based on the current adopted 2014 - 2018 Capital Improvement Program, the County does not plan to design CSAH 9 (Dodd Boulevard) until 2016 with construction in 2018; and WHEREAS, based on the draft 2015 — 2019 Capital Improvement Program, the County proposes to design CSAR 9 (Dodd Boulevard) and acquire right of way in 2015 with construction in 2016; and WHEREAS, it is considered mutually desirable for the County and City to plan for the reconstruction of CSAH 9 (Dodd Boulevard) to support this future project. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with design engineering and related activities as described in the following sections: 1. Design Engineering. Design Engineering shall be defined as all aspects of project engineering work completed through final plans and specifications, which includes, but is not limited to: a. Surveying and mapping; b. Preliminary design; c. Public involvement process; d. Storm sewer and ponding design; 4 Contract No. C0026241 County Project 9-36 September 30, 2014 e. Final plans and specifications; f. Final engineer's estimate; g. Permit approvals; and h. Right of way needs mapping. Design Engineering costs shall be split based on the County's and City's share of the final construction costs. The engineering cost shares, estimated to be 55% County and 45% City, will be adjusted based on each agency's share of the final construction costs. 2. Plans and Specifications. The County is the lead agency for design engineering for the Project to prepare complete grading and paving plans and specifications consistent with State Aid design standards and the Dakota County Transportation Plan. The City shall be the lead agency for the preparation of plans and specifications for the storm sewer and ponding design. The County will incorporate the City's plan sheets and specifications into the final bid documents. The City and the County shall approve the plans and specifications prior to advertising for bids. 3. Payment. 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. 4. 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 agency. 5. 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, City Engineer, and the County's appointed representative is Mark Krebsbach, County Engineer, or their successors. Both Parties shall 3 Contract No. C0026241 County Project 9-36 September 30, 2014 endeavor to provide timely approval of change orders and supplemental agreements so as not to delay the design engineering operations. 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. In no event will this Agreement continue in effect after December 31, 2016, unless the parties mutually agree to an extension of the project term. 7. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 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 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. 9. 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 .19 Contract No. 00026241 County Project 9-36 September 30, 2014 a consequence of any act or omission on the part of City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County 10. 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. 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. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the preliminary engineering and final design provided for in this Agreement. [SIGNATURE PAGE TO FOLLOW] IN WITNESS THEREOF, the Parties have caused this agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: By City Engineer go City Clerk Date RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION No. 14- Date: October 7, 2014 (SEAL) DAKOTA COUNTY Mayor APPROVED AS TO FORM: Assistant County Attorney Date By: Physical Development Director Date: E N G I N E E R S PW I' N N E R S IN D E 5 � G N E R 5 Consulting Group, Inc. August 28, 2014 Mr. Zachary Johnson, PE City Engineer CITY of LAI<EVILLE. 20195 Holyoke Avenue Lakeville, MN 55044 SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR Donn BOULEVARD (CSAR 9) FINAL DRAINAGE DESIGN Dear Mr. Johnson: Based on your request, we are pleased to submit this proposal to provide professional services for the final drainage design of Dodd Boulevard (Dakota CSAR 9) from 194th Street to 185th Street. We understand that Dakota County is leading the roadway design and the City of Lakeville is responsible for the drainage design. SRIF completed the preliminary ponding design for this segment of Dodd Boulevard earlier this year. The same design team will be used for this final drainage design to ensure efficiency. We propose to carry out the work as described as described in the attached detailed work plan. Our project assumptions and deliverables are also identified in the attached scope of work. SCHEDULE/ BASS OF PAYMENT SRF is ready to proceed upon your authorization, and we will complete our work within a mutually agreed-upon time schedule. We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be as follows. Cost Task $773 Project Management and Quality Control $33,465 Final Design — plans, specifications and estimate $222 Permitting $2,416 As-builts $410 Expenses $37,286 TOTAL www.srfconsuIting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Mr. Zachary Johnson - Z - August 28, 2014 City of Lakeville A detailed work task spreadsheet is attached that includes estimated staff hours per task. . is ' �, '�' �,, .• . It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. 6111-110 11*3 *a #111 4V 1711-1230 IMESIMI-sible", � The attached Standard Terms and Conditions (Attachment A), together with this proposal for professional services, constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all prior written or oral understandings. This agreement may only be amended, supplemented, modified or canceled. by a duly executed written instrument. A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. We sincerely appreciate your consideration of this proposal and loop forward to working with the City on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. /Senior t"J Leba, PE (MN) Matthew D. Hansen, PE (MN ID), LS (MN IA) Associate Principal RJL/MDH/bls Attachments: Attachment A — Standard Terms and Conditions Scope of Work APPROVED: (r1,011ture) Name Title Date This cost proposal is valid for a period of 90 clays. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF 1'14679 3:\.Nla°kc1irA\Pmpos,h\2014 [.etterPinposedr\1314679 Lakwi2le DoddB1PdDra6iggaPesi ir_U828f4_IVIDH. /ncx ATTACHMENT A STANDARD TENTS ANIS CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group, Inc. ("SRP") and supersede all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 1. STANDARD OF CARE a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality. SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service. b. The CLIENT shall be responsible for, and SRP' may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or SRF. SRF's services under this Agreement are being performed solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder. 3. PAYMENT -T-0 SRP Invoices will be prepared in accordance with SRF's standard invoicing practices and. will be submitted to the CLIENT by SRF monthly, unless otherwise agreed. Invoices are due and payable within thirty (ail) days of receipt. If the CLIENT fails to make any payment due SRP for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRP will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if Less). In addition, SRT' may, after giving seven days written. notice to the CLIENT, suspend services under this Agreement until SRF has been paid in full of amounts due for services, expenses, and other related charges. 4. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5. INSURANCE SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request. 6. INDEMNIFICATION AND ALLOCATION OF RISK. a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and employees against all. damages, liabilities or costs to the extent caused by the CLIENT's negligent acts under this Agreement and anyone for whom the CLIENT is legally liable. 7. TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT" shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination. 8. OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such. documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT. Page I of 2 (MN Standard Terms and Conditions) Rev: March 5, 21314 9. USE OF ELECTRONIC MEDIA a. Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by SRF. Tiles in electronic media format of text, data, graphics, or of other types that are furnished by SRF to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, SRF makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by SRP at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT. 10. FORCE MAJEUR.E SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF's reasonable control. 11. ASSIGNMENT Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 12. BINDING EFFECT This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 13. SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any.provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 14, SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation. of Risk, and Dispute Resolution shall remain in effect. 15. DISPUTE RESOLUTION If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by applicable law, then the parties agree that each dispute, clarrn or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either parry. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action. may be instituted for a period of ninety (90) days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. CONTROLLING LAW This Agreement is to be governed by the law of the principal place of business of SRF. 17. SITE SAFETY SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor's work, since these are solely the Contractor's rights and responsibilities. SRF shall not be responsible for the acts or omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of services. Page 2 of 2 (MN Standard Terms and Conditions) Rev: March S, 2014 C C£3 q C7 q m P - V m a w N m 0 0 0 O 0 0 0 © 0 0 0 © 0 O r It N �q m m° Lu Q C pcrl Y y C O m tZ 'c m p O � 3 � c m � m 9) —1. U r7 f!i N O p 3 L et7 m E cu � a CL CL � o. 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