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HomeMy WebLinkAboutItem 06.j Date: May 21, 2018 Item No. APPROVAL OF A JOINT POWERS AGREEMENT BETWEEN THE CITIES OF BURNSVILLE AND LAKEVILLE FOR CITY STREET RECONSTRUCTION PROJECT 19-02 Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement between the cities of Burnsville and Lakeville for City Street Reconstruction Project 19-02. Overview The cities of Lakeville and Burnsville propose this Joint Powers Agreement (JPA) for the design and construction of streets that abut those planned for reconstruction under Lakeville’s Capital Improvement Project 19-02. The affected streets extend north of the Lakeville-Burnsville boundary between Interstate 35 and Lac Lavon Drive and south of Crystal Lake. The JPA details each City’s responsibilities regarding plans and specifications, bidding and contract award, and cost allocation and payment. Each City will continue to own and maintain the portions of the project that are located within its corporate boundaries. Each of the Burnsville neighborhoods for which reconstruction is proposed can only be accessed from Lakeville. Completing them as part of the 19-02 project eliminates future impact to Lakeville residents and preserves the integrity of the new streets should Burnsville reconstruct their streets in the years following Lakeville’s reconstruction. Primary Issues to Consider • Why reconstruct Burnsville’s streets? Street reconstruction projects can be extremely disruptive to neighborhoods as heavy truck and construction traffic moves through the area. Since these streets can only be accessed from Lakeville, Lakeville residents would experience a second summer of disruption when Burnsville completed their own project. Additionally, heavy construction traffic on the new streets has the potential to damage Lakeville infrastructure. Supporting Information • A copy of the JPA is attached. Financial Impact: $0 Budgeted: Source: Related Documents (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Christopher Petree, Public Works Director 197179v8 1 JOINT POWERS AGREEMENT BETWEEN THE CITY OF LAKEVILLE AND THE CITY OF BURNSVILLE FOR THE 19-02 STREET RECONSTRUCTION PROJECT THIS AGREEMENT is entered into between the CITY OF LAKEVILLE, a Minnesota municipal corporation (hereinafter referred to as "Lakeville") and the CITY OF BURNSVILLE, a Minnesota municipal corporation (hereinafter referred to as "Burnsville"), with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the design and construction of certain rights-of- way within the cities as identified in Exhibit A and depicted in Exhibit B, attached hereto, as further delineated in the City of Lakeville 19-02 Street Reconstruction Project in the cities (the “Project”); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PROJECT RESPONSIBILITIES. A. WSB & Associates, Inc. (“WSB”) will prepare separate feasibility reports for each City, plans and specifications for the Project consistent with Municipal State Aid and Cities design standards, and record drawings in accordance with Lakeville standards. The plans and specifications must be approved by the Lakeville and Burnsville City Councils prior to advertisement for bids. B. Each City will separately contract with Braun Intertec to conduct all const ruction testing necessary in connection with preparation of plans and specifications. Burnsville will contract separately with WSB for the geotechnical boring that will be included in the project specifications. C. Each City will separately contract with a tree clearing and trimming contractor prior to starting the project to clear the right of way for construction activities and equipment. This clearing shall include an 18’ vertical clearance from back of curb to back of curb, or above the rural street section (edge of asphalt). Areas around water main, hydrant improvements and storm sewer improvements should be cleared with this separate contract. D. Except for Burnsville contracts identified in Paragraph 1.B. and 1.C., Lakeville will administer the contracts, provide construction observation, and full-time inspection for the 197179v8 2 Project. Lakeville will notify and coordinate access and other matters with the owners of affected properties in both Cities regarding the construction schedule for the Project . Burnsville will assist with issues that arise during the Project related to affected properties in the City of Burnsville as requested by the Lakeville. E. Each City will be responsible completing the assessment rolls for the preliminary report and for holding a public hearing on the making of such improvements pursuant to Minnesota Statutes Chapter 429, prior to the award of the contract for the Project if either City chooses to assess a portion of its construction and/or other costs. Each City will be responsible for any special assessments to be levied for the Project within the Party’s jurisdiction and compliance with Minnesota Statutes Chapter 429. 2. BIDDING. Lakeville will advertise for bids for the construction of the Project in accordance with Minnesota Law and will provide Burnsville with an analysis of the bids received. Lakeville must obtain Burnsville’s concurrence with the award of the bid to a contractor. 3. CONTRACT AWARD. Lakeville shall prepare contract documents and enter into a contract with the approved bidder. 4. COST ALLOCATION. The bid form for the project will separate the bid for each City via a schedule “L” for Lakeville and a schedule “B” for Burnsville. Relevant construction costs shall be paid by each City per th e allocation of construction costs identified in the bid form, adjusted per final contract costs. All other project costs shall be paid by Burnsville to Lakeville at 12% of contract cost. For purposes of this Joint Powers Agreement, project costs are: engineering, inspection, project management, finance administration and constructions costs. Project costs do not include costs associated with the parties’ employees except as otherwise provided in this Agreement. For each pay application that is processed for work taking place in the Burnsville areas identified in Exhibit A, a 12% fee will be added to recover Lakeville’s indirect costs for the Burnsville portion of the project. The engineering cost associated with designing, bidding, and project administration will be divided between each City based on the percentage of miles (Lakeville 9.82 miles and Burnsville 3.43 miles) within each City identified in Exhibit A to the total miles within the project. The total “engineering fees paid to WSB after the final invoicing will be split by the total dollars paid by each City based on their correlating schedules (schedule “L” for Lakeville and schedule “B” for Burnsville). At this time if an over payment or underpayment has been paid by Burnsville a separate check between Lakeville and Burnsville will be rendered to bring the engineering costs back to a final split based on percentage paid by the schedules “L” and “B”. If a contract is not awarded for the project for any reason, the costs for work completed under Paragraph 1(A) will be divided between each City based on the percentage of miles within each City identified in Exhibit A to the total miles within the project. 5. OWNERSHIP. Each party shall own the portion of the Project located within its corporate boundaries. 197179v8 3 6. PAYMENT. Lakeville will act as the paying agent for all payments to Contractors and WSB. Payments will be made as the Project work progresses and when certified by the Lakeville Public Works Director. Lakeville, in turn, will bill Burnsville for the project costs. Burnsville shall reimburse Lakeville 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 Burnsville, 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. 7. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change orders or supplemental agreements that affect the project cost payable by Burnsville and changes to the plans must be approved by Burnsville prior to execution of work. 8. RULES AND REGULATIONS. Lakeville shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 9. COOPERATION. The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 10. INDEMNIFICATION. Lakeville agrees to defend, indemnify, and hold harmless Burnsville 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 Lakeville and/or those of Lakeville employees or agents. Burnsville agrees to defend, indemnify, and hold harmless Lakeville against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Burnsville is responsible, including future operation and maintenance of facilities owned by Burnsville and caused b y or resulting from negligent acts or omissions of Burnsville and/or those of Burnsville’s 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. 11. WAIVER. Any and all persons engaged in the work to be performed by Lakeville shall not be considered employees of Burnsville for any purpose, including Worker’s Compensation, 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 Lakeville employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Burnsville. The opposite situation shall also apply: Lakeville shall not be responsible under the Worker’s Compensation Act for any employees of Burnsville. 197179v8 4 12. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Lakeville and Burnsville relevant to the Agreement are subject to examination by Lakeville, Burnsville, and either the Legislative Auditor or the State Auditor as appropriate. Lakeville and Burnsville agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 13. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between Lakeville and Burnsville regarding the Project; whether written or oral. 14. FUTURE MAINTENANCE. Each City shall be responsible for future maintenance of the streets and utilities within the Project located within the relevant City’s jurisdiction. 15. TERMINATION. This Agreement shall continue until all warranty periods have expired for the work within the Project and all payments have been made under the terms of this Agreement. Either party may terminate this Agreement prior to award of the Contract for Project. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF BURNSVILLE CITY OF LAKEVILLE BY: __________________________ BY: __________________________ Its Mayor Its Mayor AND _________________________ AND _________________________ Its City Manager Its City Manager 197179v8 5 EXHIBIT A Rights-of Way Included in Project BURNSVILLE Maple Island, Maple Island 2nd Addition ▪ Maple Island Rd Oak Shores 1st, 5th,6th,9th, 11th ▪ Oak Curv ▪ Oak Shore Dr ▪ Oak Shore Dr S ▪ Maple Island Ct ▪ Joplin Ave Lyndale Beach 1st,2nd ▪ Pershing Cir ▪ Bluebill Bay Rd Logarto 1st,2nd ▪ Bluebillbay Rd ▪ Logarto Ln ▪ 156th St E ▪ 157th St E Wuttkes Lakeshore Estates ▪ Bluebill Bay Rd Crystal Shores ▪ Bluebill Bay Rd LAKEVILLE NORTH OF 165TH Bluebill Bay Estates ▪ Logarto Ln ▪ Inglewood Dr ▪ Inglewood Ct ▪ 161st St W Oak Shores 1st 5th,8th,9th,11th ▪ Jaquara Ave ▪ Oak Shore Dr ▪ 161st St W 197179v8 6 ▪ Upper 161st St W ▪ Jamaica Ave ▪ Oak Shore Dr ▪ Oak Shore Dr S ▪ Oak Curv ▪ Maple Island Rd Vista 1st Addition ▪ Jamaica Ave SOUTH OF 165TH Crystal Ridge Estates ▪ Jewel Ave ▪ 163rd St W ▪ Java Ln ▪ Java Cir Town and Country Estates 3rd ▪ Jarrett Cir BETWEEN I35 AND CSAH 5 Jackson Heights 1st,2nd ▪ Lower 167th St W ▪ Upper 167th St W ▪ 168th St W ▪ Kenmore Ct ▪ Kenmore Dr Gola Heights ▪ Kenmore Dr ▪ 170th St W Lakeville Hills ▪ 164th St W ▪ Kenosha Ave ▪ Kenreel Ave ▪ 166th St W Grohoskis Rearrangement ▪ 166th St W Kenwood Oaks 1st,2nd ▪ Kenora Ct ▪ Kenora Way ▪ Kenworth Ct 197179v8 7 ▪ 166rd St W ▪ Kenworth Ln ▪ Kent Trl ▪ 164th St W 11073 164TH ST W – SECTION 1 TWN 114 RANGE 21 (Kirt & Tracy Garrison) ▪ 164th St W Kenora Ridge ▪ Kenora Way Kent 46 ▪ Kent Trl WEST OF CSAH 5 (ORCHARD LAKE AREA) Section 2 TWN 114 RANGE 21 (YMCA Twin Cities) ▪ Klamath Trl Evergreen Community Church ▪ Klamath Trl 16300 KLAMATH TRL – SECTION 2 TWN 114 RANGE 21 (Victor L Achenbach) ▪ Klamath Trl 16415 KLAMATH TRL W - SECTION 2 TWN 114 RANGE 21 (Lee & Jolene Fransdal) ▪ Klamath Trl Knolls Valley ▪ Knolls Path Kingswood Estates ▪ Kingsley Ct ▪ Kingswood Dr ▪ Kingswood Ct Kingsley Cove 1st,2nd ▪ Klamath Ct ▪ Klamath Trl ▪ Klamath Ter Golden Leaf Forest ▪ Keystone Ct Orchard Lake ▪ Klamath Trl 197179v8 8 ▪ 168th St W Orchard Lake Hills ▪ Lake Hill Ct ▪ Lakeview Ct ▪ 168th St W Lau Addition ▪ Lakeview Ct ▪ 168th St W Sea Girt ▪ Langley Ave Swan Additon ▪ 168th St W 16720 LANGLEY AVE - SECTION 2 TWN 114 RANGE 21 – (Bruce & Mary Campbell) ▪ Langley Ave 16780 LANGLEY AVE – Section 2 TWN 114 RANGE 21 - RP Rentals ▪ Langley Ave Hrkals Addition ▪ Langley Ave ▪ Upper 167th St W 12195 UPPER 167TH WEST - SECTION 2 TWN 114 RANGE 21 - MARY ELIZABETH HOLBERG ▪ Upper 167th St W 12185 UPPER 167TH ST W - SECTION 2 TWN 114 RANGE 21 - JENNIFER J OCH ▪ Upper 167th St W Weisners Lake Addition ▪ Upper 167th St W ▪ 168th St W ▪ Langley Ave JOHN P & KATHLEEN L COOPER - 12122 168TH ST W - SECTION 2 TWN 114 RANGE 21 ▪ 168th St W IRWIN TSTEE MCCLISH - 12138 168TH ST W – SECTION 2 TWN 114 RANGE 21 197179v8 9 ▪ 168th St W 12211 168TH ST W LAKEVILLE MN 55044 - MARK R GADBOIS - SECTION 2 TWN 114 RANGE 21 ▪ 168th St W 12148 168TH ST W - CHAD & KRISTEN SCHEUNEMAN - SECTION 2 TWN 114 RANGE 21 ▪ 168th St W KYLE E BERGER GREGORY A BERGER - 12160 168TH ST W - SECTION 2 TWN 114 RANGE 21 ▪ 168th St W BARTON J & MARY E BERGMAN - 12190 168TH ST W - SECTION 2 TWN 114 RANGE 21 ▪ 168th St W Lakeview Gardens ▪ 168th St W ▪ Judicial Rd Liberty Heights ▪ 168th St W ▪ Judicial Rd Truehart Addition ▪ Judicial Rd ▪ 170th St W Beachside ▪ Judicial Rd ▪ Liberty Beach Ct Orchard Oaks ▪ Juneberry Ct ▪ Judicial Rd KENNETH E & ROTRAUT HART - 12350 175TH ST W - SECTION 11 TWN 114 RANGE 21 ▪ 175th St W DENNIS M & LORAYNE L HART - 12374 175TH ST W - SECTION 11 TWN 114 RANGE 21 ▪ 175th St W 197179v8 10 Bracketts Townhomes ▪ 175th St W Lyndale Lakes Club 1st,2nd ▪ 175th St W Benham Investment Company’s Minnesota Orchard Gardens 4th ▪ Klamath Trl ▪ 163rd St W ▪ 162nd St W ▪ Linch Ave Orchard Lake Estates 1st , 2nd ▪ 175th St W ▪ Kodiak Ave ▪ Kodiak Ct Ken Con Estates 1st ▪ Kodiak Ave ▪ 175th St W ▪ 172nd St W Arland Park ▪ 172nd St W Club Park ▪ 175th St W 197179v8 11 EXHIBIT B Depiction of Rights-of Way Included in Project (see attached map) 197179v8 12