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Home My WebLink About6.i. Approve Joint Powers Agreement for Preliminary Engineering - Pine Bend Area Corridor Study, ENG0168 15_ 99L� Ro SEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: August 19, 2014 AGENDA ITEM: Approve Joint Powers Agreement for AGENDA SECTION: Preliminary Engineering — Pine Bend Consent Area Corridor Study, ENG0168 PREPARED BY: Andrew J. Brotzler, PE, Die for of Public AGENDA NO. Works/City Engineer ATTACHMENTS: Agreement APPROVED BY: RECOMMENDED ACTION: Motion to Approve Agreement and Authorize Necessary Signatures. ISSUE Consider approval of Joint Powers Agreement (JPA) with Dakota County for preliminary engineering to conduct the Dakota County Arterial Connector—Pine Bend Area Study and cost participation. BACKGROUND The attached JPA with Dakota County is presented to Council for the completion of a corridor study in the Pine Bend Area; County Road 28 to the north,Trunk Highway 52 to the east, County Road 42 to the south, and the Eagan/Inver Grove Heights border to the west in the Cities of Inver Grove Heights and Rosemount. Specifically, this study will evaluate the future alignment and disposition of County Road 73 (Akron Avenue) north from County Road 42 as a future north-south arterial roadway to support growth and development in the area. The cost of the study ($130,000) anticipated to be completed by spring 2015 will be shared by the County responsible for 55%, Inver Grove Heights responsible for 30%, and Rosemount responsible for 15%. The study will provide the County and Cities with a public involvement process and development alternatives and evaluation which will result in a highway network vision for the area and roadway information to aid in moving forward with preliminary design of projects in the CIP under separate contracts. SUMMARY This agreement has been reviewed by the City attorney. Staff requests Council approval of this agreement. G:\ENGPRQJ\ENG 0168-Pine Bend Area Corridor Study\20140819 CC Approve JPA for Preliminary Engineering.docs Dakota County Contract No. C0026002-IGH C0026023-Rosemount JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR PRELIMINARY ENGINEERING BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF INVER GROVE HEIGHTS AND THE CITY OF ROSEMOUNT FOR COUNTY PROJECT NO.97-111 INVER GROVE HEIGHTS PROJECT NO. 2015-01 ROSEMOUNT'S PROJECT NO. ENG0168 TO Conduct the Dakota County Arterial Connector— Pine Bend Area Study. The study area is bounded by County State Aid Highway (CSAH) 28 (80th Street / Yankee Doodle Road) to the north, Trunk Highway (TH) 52 to the east, CSAH 42 to the south, and the Eagan / Inver Grove Heights border to the west in the Cities of Inver Grove Heights and Rosemount, Dakota County. CP No.97-111; IGH Contract No. C0026022,Rosemount Contract No.C0026023 July 16, 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 Inver Grove Heights, referred to in this Agreement as"Inver Grove Heights", and the City of Rosemount, referred to in this Agreement as "Rosemount"(collectively the"Cities"); and witnesses the following: WHEREAS, under MINNESOTA STATUTES§§ 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 one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to conduct the Dakota County Arterial Connector— Pine Bend Area Study of the area bounded by County State Aid Highway (CSAH) 28 (80th Street / Yankee Doodle Road) to the north, Trunk Highway (TH) 52 to the east, CSAH 42 to the south, and the Eagan / Inver Grove Heights border to the west in the Cities of Inver Grove Heights and Rosemount', Dakota County, the"Project'; and WHEREAS, the County and the Cities require professional services as set forth in this Agreement to conduct the Dakota County Arterial Connector — Pine Bend Area Study to provide a vision for the roadway system in this area including identifying roadway alignments and future connections; and WHEREAS, The County will be the lead agency for the Project and will be responsible for completing all contract administration and design work necessary to complete the preliminary engineering. NOW, THEREFORE, it is agreed that the County and the Cities will share Project responsibilities and jointly participate in the Project costs associated with the Dakota County Arterial Connector—Pine Bend Area Study including consulting costs, County and Cities labor costs, any and all costs incurred as a result of the related activities as described in the following sections: 1. Dakota County Arterial Connector—Pine Bend Area Study and preliminary design: The study and preliminary design will provide a public involvement process, final concept design, and preliminary engineering of the area hereinafter referred to as"study'. This area includes: • CSAH 28 (80th Street/Yankee Doodle Road) to the north • TH 52 to the east • CSAH 42 to the south • The Eagan/Inver Grove Heights border to the west. A public involvement process will be used to engage the community and evaluate alternatives. The study is anticipated to be completed by spring, 2015. In accordance with the adopted County cost participation policy, the County will be responsible for fifty five(55) percent of the study cost, Inver 2 CP No.97-111; IGH Contract No. C0026022;Rosemount Contract No.C0026023 July 16, 2014 Grove Heights will be responsible for thirty(30) percent and Rosemount will be responsible for fifteen (15) percent of the study cost. 2. Plans and Specifications. The County Transportation Department staff sent a Request for Proposals(RFP)to consulting firms with applicable transportation engineering expertise and received three proposals. Transportation staff and Cities' staff evaluated the proposals based on Project understanding and approach, methodology for completing the work, staff experience, and a detailed work plan. The County and Cities determined the proposal of SRF Consulting Group provided 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. Completion of the Project will provide the County and the City with: A public involvement process and alternatives development and evaluation which will result in a highway network vision for the area and roadway information to aid in moving forward with preliminary design of projects in the CIP under separate contracts. 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 Cities for their share of the professional services as specified in Paragraph 1. Upon presentation of an itemized claim by the invoicing agency, 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. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all governing bodies prior to execution of work. 5. Amendments. Any amendments to this Agreement will be effective only after approval by all 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. 7. Rules and Regulations. The County and the Cities shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures for the Project, unless amended by the contract specifications. 3 CP No.97-111; IGH Contract No. C0026022;Rosemount Contract No.C0026023 July 16, 2014 8. Indemnification. The County agrees to defend, indemnify, and hold harmless the Cities 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. Each City agrees to defend, indemnify, and hold harmless the County and the other City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement 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 any 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 Cities 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 Cities. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the Cities. 10. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the Cities and the County relevant to the Agreement are subject to examination by the County or the Cities and either the Legislative Auditor or the State Auditor as appropriate. The Cities 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. Data Practices. All data created, collected, received, stored, used, maintained or disseminated by SRF Consulting Group are subject to the requirements of Minnesota Statutes Chapter 13. 12. 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 Cities and the County regarding the Project; whether written or oral. All parties will be bound by the recommendations of the consultant, subject to the final decision-making authority of the governing bodies of each agency with respect to road improvements within their respective areas of responsibility. 13. Authorized Representatives. The County's authorized representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955 Galaxie Avenue, 3`d Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his successor. The City of Inver Grove Heights authorized representative for the purpose of the administration of this Agreement is Scott 4 CP No.97-111; IGH Contract No. C0026022;Rosemount Contract No.C0026023 July 16, 2014 Thureen, City Public Works Director, 8150 Barbara Avenue, Inver Grove Heights, MN. 55077, phone (651) 450-2500, or his successor. The City of Rosemount authorized representative for the purpose of administration of this Agreement is Andrew Brotzler, City Engineer, 2875 145`h Street West, Rosemount MN. 55068, phone (651)423-4411, or his successor. All notices 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. All parties may change its address by written notice to the other parties. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N.1HighwayWGRMEN71201407-111/GH&Rosemount 0002 docx 5 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF INVER GROVE HEIGHTS RECOMMENDED FOR APPROVAL: By Public Works Director Mayor (SEAL) By City Clerk Date ---------------------------------------------------------------------------------------------------------------------------- CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: By Public Works Director Mayor (SEAL) By City Clerk Date COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By Physical Development Director Date County Engineer APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION No. 14- Date July 29, 2014