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HomeMy WebLinkAboutItem 07March 1, 2010 Item No. I RESOLUTION AUTHORIZING CITY OF THE LAKEVILLE TO APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR CONSTRUCTION OF TRAIL: CSAH 9 (DODD BOULEVARD) TRAIL, CR50 TO ITEA AVENUE CITY IMPROVEMENT PROJECT 10-02 Proposed Action Staff recommends adoption of the following motion: Move to authorize City of Lakeville to approve joint powers agreement with Dakota County for construction of trail: CSAH 9 (Dodd Boulevard) Trail, CR50 to Itea Avenue, City Improvement Project 10-02. Overview Attached is a Joint Powers Agreement with Dakota County for Engineering, Construction and Right of Way Acquisition for construction of two segments of trail located on the east side of CSAH 9 (Dodd Blvd.) from CR 50 north to Heritage Drive, and south of Itea Avenue, from the existing trail terminus to an existing trail, adjacent the Cub Foods property. Construction costs, engineering, contract administration and right-of-way acquisition costs, estimated to be $51,141.00, will be shared in the amount of 55% ($28,127.00) by Dakota County and 45% ($23,013.00) by the City. The City will prepare the necessary plan sheets and will perform engineering and inspection on the project. This project is not identified in the current 2008-2012 City Capital Improvement Program but will be funded by Dakota County, existing City cash escrows ($9,948.00) and the Park Development Fund. The City balance ($13,065.00) after payment of current escrow funds ($9,948.00) is not due to Dakota County until 2013. Generally, Dakota County requires all trail matching funds (45%) to be paid at the completion of the project. Due to a citizen request concerning poor pedestrian circulation in this area, and a willingness of the county to allow a delay in paying the balance in 2013, the project can move forward. This is a win-win situation for Lakeville residents that frequent area businesses. Primary Issues to Consider • Does the trail project fill in trail gaps in a high traffic area • nt pow rir r �• isting dup( vKA/ �Vl Gerald S. Michaud Parks & Recreation Director nt with Dakota County site plan Financial Impact: $23,013.00 Budgeted: Y/N Source: See notes Related Documents (CIP, ERP, etc.): Notes: $13,065 -Park Dedication Fund / $9,948 -Escrow Funds Contract No. 11642 DAKOTA COUNTY DEPARTMENT OF HIGHWAYS AGREEMENT FOR ENGINEERING, CONSTRUCTION, AND RIGHT OF WAY ACQUISITION BETWEEN THE COUNTY OF DAKOTA AND THE CITY LAKEVILLE FOR DAKOTA COUNTY PROJECT NO. 9-48 LAKEVILLE PROJECT NO. 10-02 TO Construct two sidewalk segments along the east side of County State Aid Highway 9 (Dodd Boulevard) north of County State Aid Highway 50 (202"' Street) in the City of Lakeville, Dakota County. January 8, 2010 County Project 9-48 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 "the City" and witnesses the following: WHEREAS, under Minnesota Statutes Sections 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 is powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to construct two sidewalk segments along the east side of CSAH 9 (Dodd Boulevard) north of County State Aid Highway 50 (202nd Street West). Segment one is between 202nd Street and Heritage Drive, and Segment two is between Itea Way and 550' south of Itea Way; and WHEREAS, the County and the City have included this project in their Capital Improvement Programs to share project responsibilities. NOW, THEREFORE, it is agreed that the County and the City will jointly participate in the cost associated with engineering and construction as described in the following sections: Engineering. Design and contract administration costs for the trail construction shall be split based on the County's and the City's share of the final construction costs. 2. Trail Construction Items. The construction costs of the following items shall be shared in the amount of 55% by the County and 45% by the City; a.) Clearing and grubbing; b.) Removal and salvage; c.) Grading, base, and surfacing; d.) Curb and gutter; 2 January 8, 2010 County Project 9-48 e.) Turf establishment; f.) Pavement markings and signing; g.) Mobilization and traffic control; h.) Sidewalks and bikeways; i.) Mitigation required by state and federal permits; j.) Storm sewer and other drainage facilities eligible for County State Aid funding based on contributing flows; k.) Replacing and restoring fences, landscaping, and driveways; I.) Centerline drainage culverts; m.) Reconstructing or adjusting sanitary sewer, storm sewer and detention ponds, watermains and appurtenances due to construction; n.) Relocating or adjusting privately owned utilities when not performed at the expense of the utility; o.) Landscape plantings less than five feet tall p.) The County's share of water pollution control best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards; and q.) Incidental items related to construction that are not specifically listed above. 3. Plans and Specifications. The City will prepare plans, specifications, and estimates for the Project that are consistent with State -Aid design standards and the Dakota County Transportation Plan. Approval of the plans and specifications by the City and the County is necessary prior to advertising for bids or quotes. 4. Sidewalk Easements. The City will acquire all easements for sidewalk construction. Easement costs shall be shared in the amount of 55% by the County and 45% by the City. The City shall purchase the necessary easements in accordance with State statutes and rules governing acquisition of public right-of-way. 3 January 8, 2010 County Project 9-48 5. Contracting. In compliance with the requirements for municipal contracting, the City shall obtain bids and quotes and enter into a contract for the Project. The City will oversee Project administration and inspections. Concurrence of the low bid or quote by the County is required prior to the City entering into a contract for the Project. 6. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the County's project cost participation and changes to the plans that affect current County standards must be approved by the County prior to execution of work. R All pay applications from the Contractor will be submitted to the City for review and approval. Upon approval by the City and notice to County, the County will make payments directly to the Contractor. The County will request payment of the City's share of the construction cost after January 1, 2013. The City shall reimburse the County for its share of the construction cost by March 31, 2013. The City, as Contract administrator, will negotiate all payment issues directly with the Contractor before certifying payment to the County. 8. Sidewalks. Upon acceptance of the project, the City shall be responsible for sidewalk maintenance. 9. Subsequent Excavation. After completion of the project regarding installation, 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. 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. If the City 4 January 8, 2010 County Project 9-48 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. 10. Rules and Regulations. The City shall abide by Minnesota Department of Transportation, State Aid Rules. 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. Waiver. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the County and any and all claims that may or might arise under the Worker's Compensation Act of this State 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 County. The City shall not be responsible under the Worker's Compensation Act for any employees of the County. 13. 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 the 5 January 8, 2010 County Project 9-48 Agreement are subject to examination by the County and 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. 15. Integration. 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. NAHighwaylAGRMEN71200919-48 Trail Agr Lakeville 11642.doc 1.1 January 8, 2010 County Project 9-48 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: Public Works Director APPROVED AS TO FORM City Attorney RECOMMENDED FOR APPROVAL: County Engineer APPROVED AS TO FORM County Attorney COUNTY BOARD RESOLUTION No. Date: CITY OF LAKEVILLE By: Holly Dahl, Mayor By: City Clerk Date DAKOTA COUNTY 7 By: Date Physical Development Director o - �N �inN�Ind VDil