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Home My WebLink About6.k.Approve Joint Powers Agreement - CSAH 38/Shannon Parkway Turn Lane Improvements, City Project #424 ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: July 15, 2008 AGENDA ITEM: Approve Joint Powers Agreement -CSAH AGENDA SECTION: 38 /Shannon Parkway Turn Lane Consent Improvements, City Project #424 PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. k ATTACHMENTS: Joint Powers Agreement; Map APPROVED BY: ■O RECOMMENDED ACTION: Motion to Approve a Joint Powers Agreement with Dakota County for the CSAH 38 /Shannon Parkway Turn Lane Improvements and Authorize the Necessary Signatures. ISSUE: The upgrade of the CSAH 38 and Shannon Parkway intersection has been added to the City and County capital improvement plan (CIP) for design and construction in 2008. Attached for Council consideration is a Joint Powers Agreement with Dakota County outlining the City and County cost participation for the CSAH 38 /Shannon Parkway Turn Lane Improvements, City Project #424. BACKGROUND: This project will create an eastbound right turn lane and a westbound bypass lane on CSAH 38 at Shannon Parkway. The City and County will jointly participate in the engineering, administrative and construction costs for this project. Construction costs will be shared in the amount of 55% by the County and 45% by the City. Engineering and administrative costs will be shared in the amount of 55% by the County and 45% by the City, up to 18% of the final construction costs. Construction costs for this project are estimated to be $98,500. The City's portion of the project cost is anticipated to be funded with Municipal State Aid funds. The Joint Powers Agreement has been reviewed by the City Attorney. SUMMARY: Staff recommends Council approval of the Joint Powers Agreement with Dakota County for the CSAH 38 /Shannon Parkway Turn Lane Improvements, City Project #424. G:\ ENGPROJ \424\JPA- FR- PLSpcCC7- 15- 08.doc Conlai&:i tt 9195 JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR ENGINEERING AND TURN LANE CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR DAKOTA COUNTY PROJECT NO. 38-40 ROSEMOUNT PROJECT NO. 424 Construction of an east -bound right tum lane and west =bound by -pass lane on County State Aid Highway (CSAH) 38 (McAndrews Road) at Shannon Parkway in Rosemount, Dakota County. C.P. 38-40 July 2, 2008 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"; and witnesses the following: WHEREAS, under Minnesota Statutes Sections 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 construct an east -bound right turn lane and west -bound by -pass lane on County State Aid Highway (CSAH) 38 (McAndrews Road) at Shannon Parkway in Rosemount, Dakota County; and WHEREAS, the County and the City have included this project in their Capital Improvement Programs and will jointly participate in the costs of said engineering and turn lane and by -pass lane construction as set forth herein. 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, turn lane and by- pass lane construction and related activities as described in the following sections: 1. Engineering, Engineering and contract administration costs shall be set at 18% of the final construction costs, and shall be shared in the amount of 55% by the County and 45% by the City. 2 C.P. 38-40 July 2, 2008 2. Construction Items. The construction costs for the right turn lane and by -pass lane on CSAH 38 (McAndrews Road) at Shannon Parkway shall be shared in the amount of 55% by the County and 45% by the City. 3. City Utilities. Except as stated in Sections 1 and 2 of this agreement, the City shall pay all other costs for new storm sewer, storm water ponding, sanitary sewer, watermains and appurtenances, and roadway lighting 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. 4. Plans and Specifications. The City will prepare the complete grading, paving, and drainage plans and specifications for the right turn lane and by -pass lane on CSAH 38 at Shannon Parkway consistent with State Aid design standards and the Dakota County Transportation Plan. The City and the County shall approve the plans and specifications prior to advertising for bids. The City Council will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 5. Payment. The City will administer the contract and act as paying agent for all payments for engineering, contract administration and to the Contractor. Payments to the Contractor will be made as the project work progresses and when certified by the City Engineer. The City, in turn, will bill the County for the County's 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 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 and documentation of actual costs incurred in carrying out the work. 3 C.P. 38 -40 July 2, 2008 6. 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. 7. Final completion. Final completion of the construction project must be approved by both the County and the City. 8. Maintenance of Storm Sewer and Other City Facilities. Upon acceptance of the project, the City shall be responsible for the maintenance of storm sewer and all City facilities or utilities placed within County right of way. 9. 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 as described in the following Section 10. 10. 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. 11. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 4 C.P. 38-40 July 2, 2008 12. Indemnification. During the turn lane and by -pass lane construction activity, the City agrees to defend, indemnify and hold the County harmless against any and all claims, liability, loss, damage or expense arising under the provisions of this Agreement. In order to ensure a unified defense against any third party liability arising from the design and construction called for in this agreement, the City agrees to maintain, and require any contractors or subcontractors hired to do any portion of the work under this Agreement to also maintain, Commercial General Liability insurance in amounts consistent with minimum limits of coverage established under Minnesota Statutes 466.04 during the term of this construction activity. Such insurance policy(ies) shall name Dakota County as an Additional Insured with respect to the construction work called for in this Agreement. After completion of the turn lane and by -pass lane, 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. 5 C.P. 38 -40 July 2, 2008 13. Waiver. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County 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 City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. The opposite situation shall also apply: the City shall not be responsible under the Worker's Compensation Act for any employees of the County. 14. 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. 15. 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 turn lane construction provided for in this Agreement. O:WighwaylAGRMEN712008138 -40 Rosemount 9195.doc 6 C.P. 38-40 July 2, 2008 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: By City Engineer Mayor APPROVED AS TO FORM: (SEAL) By City Attorney City Clerk Date DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney Date By: Acting Physical Development Director COUNTY BOARD RESOLUTION No. 08- Date: Date: 7 Shannon Parkway 1116AH 38 ROSEMOUNT Intersection Im s rovements PUB IC WORKS DEPARTMENT w J Ci O V LAK O K/ j COBBL N r"" J 40 J O /a W C AN O CO z MCANDREWS RD JCSAH 38 o c cr 38 W Q 1 Q n p J 0 v 127TH CT W p 0 G N 44 V I� P y o 2 JQ y 0 PLO 0 r O c� al DANUBE LN C R UMC DRUMCLIFFE DRUMCLIFFE CHARLSTON WAY 0 M /R /pF WAY ✓j vCT H 0 C N CROLLY O r .4 m OO EVE Q` Isi• •g� CT -J R �a IN s 132ND Z x DRUMCLIF E ^R 1 G GS STW O 4,5: 7/ a a C *CT Sy FEN CR ca J ON tO�N cc 133RD CT W op c+ O° a C RANF e a 0� 0�,� CO 0 q P CpRMp O O RRq 134TH ST 0 Do qkTO Z 0 a co N COUCHTOWN C pRRACy Z w r F 3 OqH 2 ^�R�gSg►pGE co qTH fs O 9 F A 135TH STW Z L /q Z AY o '/q o w W 0 C y J oyor o a Nd` J m CO 3 DELLWOOD �10 ��0�� U a u G OpP� pQ QQ I THSTW z z C T r w A i z O O p Q O a y a o S -J G Z t3sT ST y' 2 /1 Q '�eei� n nOS n 3/ 1 0 44._ n I in J Jl N A 0 500 1,000 2,000 3,000 4,000 1 Feet V T: /GIS /City/Maps/Departmental Maps/Engineering /Chris /Shannon -38 Locate July 2008