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HomeMy WebLinkAbout6.i. Joint Powers Agreement - CSAH 38 (McAndrews Road) Pilot Knob Road to TH 3 (S. Robert Trail), City Project 471I:\City Clerk\Agenda Items\Approved Items\6.i. Joint Powers Agreement - CSAH 38 (McAndrews Road) Pilot Knob Road to TH 3 (S. Robert Trail), City Project 471.docx EXECUTIVE SUMMARY City Council Regular Meeting: August 15, 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, Bolton & Menk Brian Erickson, Director of Public Works/City Engineer AGENDA NO. 6.i. 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 revised 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 both Rosemount and Apple Valley. An earlier JPA was approved in January, 2017 that included Rosemount and Apple Valley jointly. Apple Valley had questions regarding the joint JPA so Rosemount agreed to separate JPA’s with each City. The previous JPA was never executed, so no additional action would be necessary. At this time, Dakota County is requesting the City enter into a Joint Powers Agreement for the project. Trails are not planned on this project at this time. The County trail system indicates a grade separated crossing at Dodd Road. A gas line also exists within this crossing area, with a second line crossing under construction. Utility coordination, relocation time frames 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 $3,580,000, plus an estimated $244,000 for Engineering for a total of $3,824,000. The County CIP has $1,144,800 in Federal and $1,188,000 in local funding, including Engineering. 2 Dakota County’s cost sharing arrangement establishes that the County pays 55% of the locally funded portion and the cities pay for 45% of the locally funded portion of the project. Of the locally funded portion, the City of Rosemount is responsible for 77% based on the mileage within city limits. The City CIP included estimated costs of $200,000 for ROW in 2017 and $800,000 for construction in 2018, which will be sufficient. In addition, staff is reviewing the roadway construction in conjunction with our Stormwater Management Plan for projects, or portions of projects, that could be effectively added in a cost efficient manner while the road is already under and construction. Any additional City stormwater improvements would be paid for with existing funds within the Stormwater Utility fund. The Rosemount portion of the project is based on work being performed within the City. Rosemount pays for improvements within the City, roughly 77% of the locally funded portion (or about $635,000). 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 and those comments have been included in the final Joint Powers Agreement. (1) Engineering by Dakota County in-house. Estimated as $244,000, 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 Task Description Total Estimated Amount Federal Funding Locally Funded Municipal Portion Rosemount Funded Portion (77% of Local) (1) Engineering $243,827 $103,647 $79,808 ROW Acquisition $556,741 $250,534 $191,544 Construction $3,024,000 $1,144,800 $833,464 $641,788 Grand Total Amount: $3,824,568 $1,144,800 $823,590 $913,140 Dakota County Contract C0029156 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISTION AND HIGHWAY CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT DAKOTA COUNTY PROJECT NO. 38-52 ROSEMOUNT CITY PROJECT NO. 471 SYNOPSIS: Dakota County and the City of 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 Contract No. C0029156 August 7, 2017 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 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 Trunk Highway 3 to the City’s boundary with the City of Apple Valley 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, 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 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. 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 included in the final construction costs to be allocated accordance with paragraph 2. Engineering fees shall not exceed 25 percent of project costs. 2. Construction. After deducting federal funding, the final construction costs for the Project shall be shared in the amount of 55% by the County and 45% by Rosemount. The forgoing cost allocation 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 County Project 38-52 Contract No. C0029156 August 7, 2017 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 Project plan except for elements specified with a different cost sharing allocation in this agreement. 3. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all pavement maintenance within the City’s 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 City shall pay all other costs associated with city utilities impacted as part of this Project. Further, the City 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, and will acquire all right of way for trail construction, drainage and ponding, and water pollution control best management practices for the Project. 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 and 45% by the City. 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 grant to the county, for the period of construction, a license to access 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 or trail easements, landscape easements, and drainage and utility easements. Such license to the County shall expire upon final completion of the construction of the project. In addition to the temporary use of all adjacent city-controlled public easements and real property and rights-of-way, the City shall grant the County any Highway easements for the Project. County Project 38-52 Contract No. C0029156 August 7, 2017 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 City 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 Cit y 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 amount of the claim not in question shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amounts 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 City. County Project 38-52 Contract No. C0029156 August 7, 2017 12. Storm Sewer Construction and Maintenance. The City shall be responsible for assisting with storm sewer inspection including having an inspector on-site during storm sewer installation. Upon final acceptance of the Project, maintenance of storm sewer systems shall be provided in accordance with the current County and City Maintenance Agreement. The County will participate in replacement or repair of storm sewer constructed by this Project in accordance with County policies included in the County’s current Transportation Plan. 13. Project Cost Updates. The County will provide updated cost estimates to the City showing the County and City shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the County to the City at the following times:  prior to approval of the appraised values for any necessary right of way acquisitions,  prior to advertising a construction contract,  after bid opening (prior to contract award),  during construction if total contract changes exceed $100,000,  once per year following the construction season until the project is complete. 14. 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, the City shall restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the 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 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. 15. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. County Project 38-52 Contract No. C0029156 August 7, 2017 16. 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 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 tort 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 tort 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. The parties to this agreement intend that their actions are a “cooperative activity” and it is the parties’ intent that they are deemed to be a “single governmental unit” for purposes of liability under Minn. Stat. 471.59, subd. 1a (a)-(b). 17. Employees of Parties. 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. 18. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and 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 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. County Project 38-52 Contract No. C0029156 August 7, 2017 19. 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 improvements provided for in this Agreement. 20. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach, County Engineer (or successor) County of Dakota 14955 Galaxie Ave. Rosemount, MN 55124 Office: (952) 891-7102 Mark.Krebsbach@co.dakota.mn.us John Morast, 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\2017\38-52 Rosemount C0029156.docx County Project 38-52 Contract No. C0029156 August 7, 2017 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: By John Morast Bill Droste Its: Public Works Director Its: Mayor APPROVED AS TO FORM: (SEAL) By City Attorney Clarissa Hadler Its: City Clerk Date 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 KS-___________________ No. 16-623 Date: December 13, 2016