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: