Loading...
HomeMy WebLinkAbout9.a. Joint Powers Agreement – TH 52CSAH 42 Interchange, City Project 461(s)EXECUTIVE SUMMARY City Council Meeting: April 7, 2015 AG ENDA ITEM: Joint Powers Agreement - TH 52/CSAH 42 Interchange, City Project 461 AGENDA SECTION: New Business PREPARED BY: Andrew J. Brotzler, PE, Director of Public Works/City Engineer AGENDA NO. 9.a. ATTACHMENTS: Location Map, Joint Powers Agreement for Engineering, Right of Way Acquisition and Construction APPROVED BY: ddj RECOMMENDED ACTION: Motion Authorizing the Execution of a Joint Powers Agreement between Dakota County and the City of Rosemount to reconstruct the interchange at TH 52 and CSAH 42. BACKGROUND Attached for City Council review and approval is a Joint Powers Agreement for Engineering, Right-of- Way Acquisition and Construction between the County of Dakota and the City of Rosemount for the reconstruction of the interchange at TH 52 and CSAH 42, including the expansion of CSAH 42 to a 4- lane highway, replacement of two bridges on TH 52, and the reconstruction of the ramps. SUMMARY Included within the City’s 10-year Capital Improvement Program and Dakota County’s 5-year Capital Improvement Program is the planned reconstruction of the interchange at TH 52 and CSAH 42 for the year 2017. To facilitate the construction of the project on this timeline, Dakota County has entered into a contract with a consultant to begin final design for the project. At this time, Dakota County is requesting the City enter into a Joint Powers Agreement for the project. Below is a summary of the estimated project costs and funding responsibilities provided by Dakota County. The City’s estimated funding responsibility ranges from $2.77M to $4.02M depending on whether federal funding is received for the project or not. At this time Dakota County is optimistic that federal funding will be awarded to the project. The City’s funding requirements are eligible to be funding with Municipal State Aid funds. I:\City Clerk\Agenda Items\Approved Items\20150407 CC Authorize Signatures JPA.docx TH 52/CSAH 42 Interchange Estimate of Design and Construction Costs Dakota Co. CIP ($12.5M) Task Description Estimated or Contract Amount Federal City of Rosemount (45%) City of Rosemount (25%) (1) Engineering $ 1,041,168 $ 800,000 $ 108,525 $ 260,292 ROW Acquisition $ 2,550,000 $ 2,124,675 $ 191,221 $ 637,500 Construction $ 12,500,000 $ 7,000,000 $ 2,475,000 $ 3,125,000 Grand Total Amount: $ 16,091,168 $ 9,924,675 $ 2,774,746 $ 4,022,792 (1) Excludes federal funding. The Joint Powers Agreement has been reviewed by the City Attorney. SUMMARY Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it. 2 )p G±WX SÈ GÑWX )p 130 T H W A Y A Z A L E A A V E 138TH A U T U M N C T A K R O N A V E (C R 7 3 ) 145TH ST W (CSAH 42) B L A I N E A V E (C S A H 7 1 ) 140TH ST E TH ST W (CSAH 4 2 ) C L A Y T O N A V E (U S 5 2 ) BONAIRE PAT H E A U T U M NWOOD A U G U S TAWAY B A C A R D I A V E BONAIRE PAT H W C L A R K R D COURTHOUSE BLVD (STH 55) A U B U R N A V E 152ND ST E A U D R E Y A V E 126TH ST W C O N L E Y A V E BLOOOMFIELDPL 145TH S T E (CS AH 42) B I R C H W O O D A V E B E L M O N T T R L 154TH ST W B A R D O N A V E B A B C O C K A V E 140TH ST W 128T H RICH VALL E Y B L V D A U T U M N W O O DC T A Z A L E A A V E ATRIU M AVE B AY B E R RY T R L 1 3 9 T H S T W AVE AUT U M N W O O D AVANTI B A Y B E R R Y ST W A T W O O D C I R TRL BLOOMF I E L D C T BIRDSONG CT B A Y B E R R Y A U T U M N W O O D W A Y A T W O O D A V E A UDOBA N W A Y TRL CONN T R L 136TH ST W A U T U M N T R L A T W O O D C T BIRMINGHA M CT BELVIDERE CT 142NDST W C I RCTWAY B E L L EC T 1 4 2 N D C T W A K R O N A V E B L A I N E A V E P A T H ATWOOD A T W A T E R P A T H ATWOODAVE AVE ATRIUM ATHENA CT A T W A T E R C T ATHEN A WAY B L O O M F I ELD PATH A T W ATER WAY CT BIRCHWOOD A V E A V A L O N PATH BENT L E Y ST W 1 4 0 T H S T W A U B U R N A V E AZALEA P A T H A K R O N A V E (C R 7 3 ) C L A Y T O N A V E (U S 5 2 ) 145TH ST E (CS AH 42) 140TH ST E AUR ORA AVE E M A R A B L A I N E C T ST W BONAIRE PATH E A B B E Y F I E L D A V E ABBEYFIELD CT A I L E S B U R Y C T 141STST E A D D I S O N C T AD D I S O N A V EADAIR A V E A L B A N YA V E A L L I N G H A M A V E 141STST E 140TH ST E A L M A A V E A D E L A I D E A V E ABERCORNAVE AILESB URY A V E A D R I A N C T 139TH ST 131STST A Y R F I E L D C T A Y R F I E L D C I R MARE POND MAREPOND MCMENOMYPOND M e a d o w s P a rk BirchPark B l o o m f i e l d P a r k Old City Hall Park Am es So ccerComplex UM ore BallPark Pre stw ick Place Park Flint HillsAthletic Complex T :/G I S /C i t y /M a p s /D e p a r t m e n t a l M a p s /E n g i n e e r i n g /C h r i s /L o c a t i o n M a p - 4 6 1 TH 52 / CSAH 42 Interchange City Project 461, April 2015 Dakota County Contract C0026490 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT DAKOTA COUNTY PROJECT NO. 42-82 CITY PROJECT NO. 461 SYNOPSIS: Dakota County Transportation Department and the City agree to reconstruct the interchange at Trunk Highway (TH) 52 and County State Aid Highway (CSAH) 42, which includes the expansion of CSAH 42 to a 4-lane highway, the replacement of two bridges on TH 52, and the reconstruction of the ramps. County Project 42-82 Dakota County Contract No. C0026490 April 1, 2015 2 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 Rosemount, referred to in this Agreement as "the City". WHEREAS, under MINNESOTA STATUTES §§ 162.17, subdivision 1 and 471.59, subdivision 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 reconstruct the interchange at TH 52 and CSAH 42 and expand CSAH 42 to a 4-lane facility in Rosemount, Dakota County, the “Project”; and WHEREAS, the County and City have included this project in their Capital Improvement Programs and will jointly participate in the costs of said engineering, construction, and right of way acquisition. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with engineering, highway reconstruction, right of way acquisition, and related activities as described in the following sections: 1. Plans and Specifications. The County is the lead agency for project design and of the Project, effective upon execution of this Agreement by both Parties. The County shall prepare the plans and technical specifications for the project. The City shall approve the plans and specifications prior to the County advertising for bids. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 2. Construction Administration. The County is the lead agency for construction administration and inspection of the Project, effective upon execution of this Agreement by both Parties. The County shall oversee the construction of the project, administer any changes to the construction contract in accordance with Paragraph 22 (Change Orders and Supplemental Agreements) of this document, and process any payments to the contractor in accordance with the applicable sections of this document. 3. Engineering and Inspection Costs. Design engineering (all aspects, including public involvement, preliminary design, final design, etc.), construction engineering, construction County Project 42-82 Dakota County Contract No. C0026490 April 1, 2015 3 management, construction inspection and all related materials testing shall be split based on the County’s and City’s share of the final construction costs with the City’s total cost not to exceed 25% of the total project cost. Due to the duration of the project to date, only the costs for design engineering accrued after execution of this agreement will be shared. 4. Roadway Construction Items. The local share (County and City) of construction costs for the roadway revisions on CSAH 42 and TH 52 shall be shared in the amount of 55% by the County and 45% by the City with the City’s total cost not to exceed 25% of the total project cost in accordance with the Dakota County Transportation Plan for projects involving an interchange. Cost sharing includes all highway, bridge, and ramp construction, removal items, mobilization and traffic control, mitigation required by state and federal permits including accessibility requirements; storm sewer and other drainage facilities eligible for County State Aid funding based on contributing flows; replacement or restoration of fences, landscaping and driveways when affected by construction; access management measures including the consolidation of driveways, closure of median openings, or installation of frontage roads; replace or adjust sanitary sewer, water and storm sewer systems, if required due to construction; relocating or adjusting privately owned utilities when not performed at the expense of the utility; County’s share of water pollution best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards; temporary widening or other measures if required as part of traffic control or project staging; and all other construction aspects outlined in the plan except for elements as called out under this agreement or the current Dakota County Transportation Plan. 5. Municipal Street Construction Items. The costs for the reconstruction of or improvements to any existing city-owned street associated with this project shall be the responsibility of the City. 6. City Utilities. Except as stated in the above sections of this agreement, the City shall pay all other costs for new sanitary sewer, water mains and appurtenances constructed as part of this project. Further, the City shall be responsible for the maintenance of all such facilities after the completion of the project. 7. Right-of-Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way, and will acquire all right of way for sidewalk, drainage and ponding, and water pollution control best management practices for the project. The local share (County and City) of right of way costs for the roadway revisions on CSAH 42 and TH 52 shall be County Project 42-82 Dakota County Contract No. C0026490 April 1, 2015 4 shared in the amount of 55% by the County and 45% by the City with the City’s total cost not to exceed 25% of the total project cost in accordance with the Dakota County Transportation Plan for projects involving an interchange. Any right of way costs for new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the City. The City will temporarily assign to the County, for the period of construction, all adjacent city-controlled public easements and real property and rights-of-way necessary to construct the project. This includes, but is not limited to real property, sidewalk easements, landscape easements, and drainage and utility easements. 8. Payment. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the project work progresses and when certified by the County Engineer. 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 ag ency, 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. 9. Amendments. Any amendments 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. 10. 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. Except for on-going maintenance activities including sidewalk, landscape and lighting maintenance, in no event will this Agreement continue in effect after December 31, 2018, unless the parties mutually agree to an extension of the project term. 11. 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 the Rosemount City Council, and the County’s appointed County Project 42-82 Dakota County Contract No. C0026490 April 1, 2015 5 representative is Todd Howard, Assistant County Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 12. Final completion. Final completion of the construction project must be approved by both the County and the City. 13. Storm Sewer and Culvert Maintenance. Storm sewer and culvert inspection, maintenance and repair shall be in accordance with the provisions outlined Dakota County Contract No. C0025411 between Dakota County and the City of Rosemount. 14. Pavement Maintenance. Upon acceptance of the project by the County and City, the County shall be responsible for all pavement maintenance within County right of way unless necessitated by a failure of a municipal utility system or installation of new facilities in the absence of appropriate permitting by the County. 15. Subsequent Excavation. After completion of the project, 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 apply for a permit from the County and shall be responsible to restore the excavated area and road surface to its original condition at the time of disturbance. If the City 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. 16. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures, unless amended by the contract specifications. 17. 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 County Project 42-82 Dakota County Contract No. C0026490 April 1, 2015 6 and/or those of City employees or agents. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes Chapter 466, as a waiver of any immunities or defenses available to the City or the County under law, or as the City or County accepting liability for the acts or omissions of the other under Minnesota Statutes, section 471.59, subd. 1a. To the fullest extent permitted by law, this Agreement and the activities carried out hereunder shall be construed as “cooperative activity” and it is the intent of the City and County that they shall be deemed a “single governmental unit” for the purposes of determining total liability as set forth in Minnesota Statutes, section 471.59, subd. 1a (b). 18. 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 a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 19. 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. 20. 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 roundabout intersection and road expansion provided for in this Agreement. County Project 42-82 Dakota County Contract No. C0026490 April 1, 2015 7 21. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor Dakota County Transportation Director/County Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 (952) 891-7102 Andy Brotzler (or successor) City of Rosemount Public Works Director / Engineer 2875 145th Street West Rosemount, MN. 55068 (651) 322-2022 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. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N:\Highway\AGRMENT\2015\42-82 Rosemount C0026490.docx IN WITNESS THEREOF, the Parties have caused this agreement to be executed by their duly authorized officials. CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: By Public Works Director Mayor (SEAL) By City Clerk Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer County Attorney Date By: Physical Development Director COUNTY BOARD RESOLUTION No. 15-116 Date: March 3, 2015 Date: