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HomeMy WebLinkAboutItem 06.fDecember 21, 2010 JANUARY 3, 2011 CITY COUNCIL AGENDA ITEM APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY (CONTRACT NO 13042) FOR PRELIMINARY ENGINEERING • CSAH 60 (185 St. W) / CSAH 50 (Kenwood Trail) Traffic Control City .Improvement Project 09 -07 Dakota County Project No. 50-17 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County (Contract No. 13042) for Preliminary Engineering, pertaining to CSAH 60 (185 St. W.) / CSAH 50 (Kenwood Trail) Traffic Control, City Improvement Project 09 -07. Overview The intersection of CSAH 60 and CSAH 50 is nearing its capacity and experiencing severe backup of traffic during morning and afternoon peak hours. In Dakota County's and Lakeville's 2011 -2015 Capital Improvement Plan, preliminary engineering (budgeted at $300,000) is programmed for 2011, with construction (estimated at $2.0 million) programmed for 2013. The City has applied and has been approved for $1.6 million in federal funding in 2013, subject to congressional approval of a future transportation bill and funding. The first step in preliminary engineering is to perform an intersection traffic control analysis. Attached is a Joint Powers Agreement with Dakota County (Contract No. 13042) for a Transportation Study to develop intersection traffic control recommendations at the intersection of CSAH 60 (185 St. W.) and CSAH 50 (Kenwood Trail). Dakota County, with input from Lakeville staff, evaluated proposals from four consulting engineering firms and selected the proposal from Bolton & Menk, Inc., at a cost of $38,854. The County will be responsible for 55% of the study cost, and the City will be responsible for 45 %. The study phase of this project will start in January, 2011, with completion expected by May, 2011. Primary Issues to Consider None. Supporting Information • Joint P wers Agreement (Contract No. 13042) for Preliminary Engineering between the County of Dakot and the City of Lakeville J eith H. Nelson City Engineer Financial Impact: $17,484 Budgeted: Y/N Yes Source: Improvement Construction Fund Related Documents (CIP, ERP, etc.): Notes: JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR PRELIMINARY ENGINEERING BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR DAKOTA COUNTY PROJECT NO. 50 -17 TO Contract No. 13042 Conduct a Transportation Study to develop intersection traffic control recommendations at the intersection of County State Aid Highway (CSAH) 50 (Kenwood Trail) and CSAH 60 (185 Street) in Lakeville, Dakota County. 2 County Project 50 -17 Contract No. 13042 December 16, 2010 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 Section 162.17, subdivision 1 and 471.59, subdivision 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, the County and the City seek to conduct a Transportation Study to develop intersection traffic control recommendations at the intersection of County State Aid Highway (CSAH) 50 (Kenwood Trail) and CSAH 60 (185 Street) in Lakeville; and WHEREAS, the County and the City require professional services as set forth in this Agreement to conduct the Transportation Study to determine highway operational needs and to develop a long range plan for the intersection, NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with the Transportation Study engineering and related activities as described in the following sections: 1. Transportation Study. The Transportation Study will evaluate various traffic control and access changes to determine operation and area impacts, conduct forecasts, and prepare study reports and plans for the preferred alternative. A public involvement process will be used to engage the community and evaluate alternative plans. The study phase will start in January 2011 with completion expected by May 2011. The County shall be responsible for fifty -five (55) percent of the study cost, and the City will be responsible for forty -five (45) percent of the study. 3 County Project 50 -17 Contract No. 13042 December 16, 2010 2. Plans and Specifications. The County Transportation Department staff sent a Request for Proposals (RFP) to consulting firms with traffic engineering expertise, and received four proposals, Transportation staff and City of Lakeville staff evaluated the proposals based on project understanding and approach, methodology for completing the work, staff experience, and a detailed work plan showing the hours needed to complete each task. The review agencies determined the proposal of Bolton & Menk, Inc. exhibited the most complete understanding of the project and services needed for the project to effectively deliver the study on schedule in a cost effective manner. The Bolton & Menk, Inc. total proposed cost is $38,854 including reimbursable items. The study will be completed by May 2011. The County will enter into a contract with Bolton & Menk, Inc., and will administer the contract and coordinate the study work of the consulting firm. 3. Payment. The County will act as the paying agent for payments to the consultant. Payments to the consultant will be made as the project work progresses and when certified for payment by the Dakota County Engineer. The County, in turn, will bill the City for its share of the professional services as specified in Paragraph 1. Upon presentation of an itemized claim by one agency to the other, the receiving agency will 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 with the consultant and documentation of actual costs incurred in carrying out the work. 4 County Project 50 -17 Contract No. 13042 December 16, 2010 4. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the project cost participation must be approved by both parties prior to execution of work. 5. 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. 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. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2011. 7. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures for the project, unless amended by the contract specifications. 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 for which the City is responsible, including future operation and maintenance of facilities owned by the City 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. Waiver. 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. 10. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the City and the County 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 City and County 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. Neither party will be bound by the recommendations of the consultant and each agency shall retain final decision - making authority with respect to road improvements within their respective areas of responsibility 5 County Project 50 -17 Contract No. 13042 December 16, 2010 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: By City Engineer Mayor APPROVED AS TO FORM: (SEAL) Attorney County Engineer COUNTY BOARD RESOLUTION No. 10- Date: December 14, 2010 CITY OF LAKEVILLE Date DAKOTA COUNTY By City City Clerk RECOMMENDED FOR APPROVAL: By Physical Development Director Date County Traffic Engineer APPROVED AS TO FORM: County Attorney Date