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HomeMy WebLinkAbout6.j. Joint Powers Agreement - CSAH 38 (McAndrews Road) Pilot Knob Road to TH 3 (S. Robert Trail), City Project 471EXECUTIVE SUMMARY City Council Regular Meeting: January 17, 2017 AGENDA ITEM: Joint Powers Agreement - CSAH 38 (McAndrews Road) Pilot Knob Road to TH 3 (S. Robert Trail), City Project 471 AGENDA SECTION: Consent PREPARED BY: John W. Morast, PE, Director of Public Works/City Engineer AGENDA NO. 6.j. ATTACHMENTS: Joint Powers Agreement for Engineering, Right of Way Acquisition and Construction APPROVED BY: LJM RECOMMENDED ACTION: Motion Authorizing the Execution of a Joint Powers Agreement between Dakota County and the City of Rosemount to reconstruct CSAH 38 (McAndrews Road) from Pilot Knob Road to TH 3 (S. Robert Trail). 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 CSAH 38 (McAndrews Road), from Pilot Knob Road to TH 3 (S. Robert Trail), including widening the road to add a continuous two-way-left-turn-lane (TWLTL), right turn lanes at major intersections and storm drainage improvements. SUMMARY Included within the City’s 5-Year Capital Improvement Program and Dakota County’s 5-Year Capital Improvement Program is the planned reconstruction of McAndrews Road, scheduled in 2018. To facilitate the construction of the project on this timeline, Dakota County has started preliminary design and coordination with Rosemount and Apple Valley. At this time, Dakota County is requesting the City enter into a Joint Powers Agreement for the project. Trails are not planned for on this project. The County trail system indicates a grade separated crossing at Dodd Road. A gas line also exists within this crossing area. Utility coordination and relocation time frame and expense were reviewed and considered too costly, so the trail portion is not included and will be a future County project. The project is approximately 2.2 miles long, from Pilot Knob Road to South Robert Trail. Approximately 1.7 miles (77%) of the project lie within the City of Rosemount, with the remaining portion in Apple Valley. The approximate project costs, including the widening for the turn lane and shoulders, is $2,750,000, plus an estimated $225,000 for Engineering for a total of $2,975,000. The County CIP has $1,144,800 in Federal and $1,830,200 in local funding, including Engineering. Dakota County’s cost sharing arrangement establishes that the County pays 55% of the locally funded portion ($1,006,610) and the cities pay for 45% of the locally funded portion of the project ($823,590). The City CIP included estimated costs of $200,000 for ROW in 2017 and $800,000 for construction in 2018, which will be sufficient. 2 The Rosemount portion of the project is based on percentage of road length in the City. 77% of the road length is within Rosemount, so Rosemount pays 77% of the locally funded portion (or $634,200). Below is a summary of the estimated project costs and funding responsibilities provided by Dakota County. The City’s funding requirements are eligible to be funded with Municipal State Aid funds. The Joint Powers Agreement has been reviewed by the City Attorney. (1) Engineering by Dakota County in-house. Estimated as $225,000, with 55%/45% County/Local split, limited to 25% of project cost. SUMMARY Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it. TH 38 (McAndrews Road) Reconstruction Summary of Estimated ROW and Construction Costs Dakota Co. CIP ($2.75M) Task Description Total Estimated Amount Federal Funding Locally Funded Municipal Portion (45%) Rosemount Funded Portion (77% of Local) (1) Engineering $ 225,000 $ 101,250 $ 78,000 ROW Acquisition $ 750,000 Construction $ 2,000,000 Grand Total Amount: $ 2,975,000 $ 1,144,800 $ 823,590 $ 634,200 Dakota County Contract Nos C0028533 AV C0028534 Rsmt JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISTION AND HIGHWAY CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA, THE CITY OF APPLE VALLEY AND THE CITY OF ROSEMOUNT DAKOTA COUNTY PROJECT NO. 38-52 APPLE VALLEY CITY PROJECT NO. 2017-112 ROSEMOUNT CITY PROJECT NO. _ 471 _ SYNOPSIS: Dakota County and the Cities of Apple Valley and Rosemount agree to reconstruct the roadway segment on County State Aid Highway 38 (McAndrews Road) from CSAH 31 (Pilot Knob Road) to Trunk Highway (TH) 3 which includes adding a two-way left turn lane and right turn lanes at all public intersections. County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; the City of Rosemount, referred to in this agreement as “Rosemount”, and the City of Apple Valley, referred to in this Agreement as "Apple Valley" (collectively the “Cities”);and witnesses the following: WHEREAS, under Minnesota Statutes Section 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 convert County State Aid Highway (CSAH) 38 (McAndrews Road) from CSAH 31 (Pilot Knob Road) to Trunk Highway 3 from a two lane to a three lane by adding a two-way left turn lane as well as adding right turn lanes at all public road intersections in Apple Valley and Rosemount, Dakota County, the “Project”; and WHEREAS, the County and Cities 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 Cities 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. Engineering. Design engineering including all aspects of the Project (public involvement, agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time for these purposes, shall be split based on the County’s and Cities’ share of the final construction costs. Engineering fees shall not exceed 25 percent of project costs. 2. Construction Items. After deducting federal funding, the costs associated with the road re-construction, shall be shared in the amount of 55% by the County, 35% by Rosemount and County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 10% by Apple Valley for the portion of the Project constructed within its city limits. Costs shall be allocated based on improvements within each City and each City shall be solely responsible for their respective cost share. Cost sharing includes all construction items, 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 landscaping and driveways when affected by construction; replacement or adjustment of 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 Pollutant Discharge Elimination System (NPDES) and City Water Resource Management Plan (WRMP) standards, 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. 3. Pavement Maintenance. Upon acceptance of the Project, the Cities shall be responsible for all pavement maintenance within each Cities’ right-of-way and 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. 4. City Utilities. Except as stated in the above sections of this agreement, the Cities shall pay all other costs associated with city utilities impacted as part of this Project. Further, the Cities shall be responsible for the maintenance of all such facilities after the completion of the Project. 5. Right-of-Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right-of-way. Except as set forth below, the costs of acquiring highway right-of-way, including right of way for drainage inlets and outlets, shall be shared in the amount of 55% by the County, 35% by Rosemount and 10% by Apple Valley. 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 in which the facilities are located. County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 6. Plans and Specifications. The County is the lead agency for design engineering for the Project to prepare complete plans and specifications consistent with State Aid design standards and the Dakota County Transportation Plan. The Cities and the County shall approve the plans and specifications prior to advertising for bids. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 7. 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. The County, in turn, will bill the Cities for their share of the Project costs. 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 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 and documentation of actual costs incurred in carrying out the work. 8. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 9. 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, 2018. 10. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all parties prior to execution of work. 11. Final completion. Final completion of the construction Project must be approved by the County and the Cities. County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 12. Pavement Maintenance. Upon acceptance of the Project by the County and Cities, the County shall be responsible for all highway pavement maintenance within County right of way unless necessitated by a failure of a municipal utility system or installation of new facilities. 13. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within County right-of-way is necessary to repair or install water, sewer, or other city utilities, each City shall restore the excavated area and road surface to substantially the condition at the time of disturbance. If the Cities’ employs its own contractor for the above described water, sewer or other utility repair or installation, each 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 including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If any City fails to have the highway properly restored, the County Engineer may have the work done and the affected City shall pay for the work within 30 days following receipt of a written claim by the County. 14. Rules and Regulations. The County and the Cities shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 15. 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. The Cities 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. County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 16. Employees of Parties. 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 and any and all claims made by any third party as a consequence of any act or omission on the part of said Cities employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 17. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and each City 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 County and each City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 18. 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 agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the improvements provided for in this Agreement. County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 19. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7102 Mark.Krebsbach@co.dakota.mn.us Brandon Anderson, City Engineer (or successor) City of Apple Valley 7100 147th St W. Apple Valley, MN 55124 Office: 952-953-2490 banderson@ci.apple-valley.mn.us John Morast, Interim Public Works Director (or successor) City of Rosemount 2875 145th Street West Rosemount MN 55068 Office: 651- 322-2025 jmorast@ci.rosemount.mn.us 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\Agreements\2016\38-52 AV & Rsmt C0028533 (AV) & 28534 (R).docx County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF APPLE VALLEY RECOMMENDED FOR APPROVAL: By Todd Blomstrom Mary Hamann-Roland Its: Public Works Director Its: Mayor APPROVED AS TO FORM: (SEAL) By City Attorney Pamela Gackstetter Its: City Clerk Date --------------------------------------------------------------------------------------------------------------------------- CITY OF ROEMOUNT RECOMMENDED FOR APPROVAL: By John Morast Bill Droste Its: Interim Public Works Director Its: Mayor (SEAL) City Clerk Date County Project 38-52 C0028533 AV and C0028534 Rsmt November 10, 2016 DAKOTA COUNTY RECOMMENDED FOR APPROVAL: __________________________ By Mark Krebsbach Steven C. Mielke Its: County Engineer Its: Physical Development Director Date APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION No. ______________ Date: ______________