HomeMy WebLinkAbout6.h. Joint Powers Agreement - CSAH 42TH 55 Intersection Improvements, City Project 2017-04I:\City Clerk\Agenda Items\Approved Items\6.h. Joint Powers Agreement - CSAH 42TH 55 Intersection Improvements, City Project 2017-04.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: September 5, 2017
AGENDA ITEM: Joint Powers Agreement - CSAH 42/TH
55 Intersection Improvements, City
Project 2017-04
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, Director of Public
Works/City Engineer AGENDA NO. 6.h.
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 Improve Intersections at
CSAH 42/TH 55, City Project 2017-04
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 improvements to intersection of CSAH 42 and TH 55, including widening the road to add a left turn
lanes for CSAH 42 and Fahey Ave and painted median west of the CSAH42/TH 55 intersection in an
effort to improve traffic safety in this area.
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 the intersection of CSAH 42 and TH 55,
scheduled in 2018. To facilitate the construction of the project on this timeline, Dakota County has
started preliminary design and coordination with Rosemount. The project is approximately 0.5 miles long,
from a point approximately 800 feet west of the CSAH 42/TH 55 intersection to approximately 1200 feet
east of the Fahey Ave/TH 55 intersection. The estimated total project cost is $844,686, of which the
estimated city share is $113,003.
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. The City CIP included
estimated costs of $76,200 for design and ROW in 2017 and $35,800 for construction in 2018, for a total
of $112,000. Although this is less than the estimated project cost the funding should be sufficient for this
project.
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.
2
RECOMMENDATION
Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it.
CSAH 42/TH 55 Intersection Improvements
Summary of Estimated ROW and Construction Costs
Dakota Co. CIP ($845K)
Task Description Total Estimated
Amount Other Funding Dakota County
(55%)
City of
Rosemount (45%)
Engineering $188,600 $103,730 $84,870
ROW Acquisition $51,092 $28,101 $22,991
Construction $604,994 $593,568 $6,285 $5,142
Grand Total
Amount: $844,686 $593,586 $138,116 $113,003
Dakota County Contract C0028996
JOINT POWERS AGREEMENT FOR
ENGINEERING, DESIGN and CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF ROSEMOUNT
DAKOTA COUNTY PROJECT NO. 42-146
CITY PROJECT NO. 2017-04
SYNOPISIS: Dakota County Transportation Department and the City of Rosemount agree to the
addition of dedicated left turn lanes on westbound TH 55 onto CSAH 42 as well as eastbound
TH 55 onto Fahey Avenue, in Rosemount, Dakota County.
County Project 42-146
Contract No.C0028996
August 7, 2017
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 Sections 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 construct a left turn lane on westbound TH 55
onto CSAH 42 as well as a left turn lane on eastbound TH 55 onto Fahey Ave, in Rosemount,
Dakota County, (the “Project”); and
WHEREAS, the County and the City will jointly participate in the costs of said engineering, right
of way acquisition and construction; and
NOW, THEREFORE, it is agreed that the County and City will share Project responsibilities; and
jointly participate in the Project costs associated with engineering, right of way acquisition,
construction, and related activities in the following sections:
1. Plans and Specifications. The County is the lead agency for project design, plans and
technical specifications for County Project (CP) 42-146 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.
2. Engineering and Inspection Costs. The County shall perform the engineering, contract
administration, and inspection required to complete the items of work specified in this
Agreement. The work described in this paragraph shall constitute “Engineering and Inspection”
and shall be referred to as such in this Agreement. Engineering and Inspection costs for the
intersection roadway revisions shall be split based on the County’s cost sharing policy 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.
County Project 42-146
Contract No.C0028996
August 7, 2017
3
3. Roadway Construction Items. The local share (County and City) of construction costs
for the roadway revisions on CSAH 42 and TH 55 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. Cost sharing includes all highway
construction and 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; 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
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 as called out under this agreement or the current Dakota County Transportation Plan.
4. City Utilities. The City shall be responsible for the maintenance of sanitary sewer, water
mains and appurtenances 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 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 55 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. 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 easements, landscape easements, and drainage and utility easements. Such license
to the County shall expire upon final completion of the construction of the project.
County Project 42-146
Contract No.C0028996
August 7, 2017
4
6. County Furnished Materials. Upon completion of the work and computation of the cost
of County furnished materials, the County shall invoice the City for the City’s share of the cost of
materials furnished and labor by the County after deducting MnDOT funding. Payment for the
materials shall be as described elsewhere in this agreement.
7. 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.
8. 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,
and once per year following the construction season until the project is complete.
Project cost estimate updates include actual and estimated costs for engineering, right of way
acquisition, utility relocation, and construction.
The Parties acknowledge that Project cost estimates are subject to numerous variables causing
the estimates to be subject to change and the updates are provided for informational purposes
in good faith. Each agency is responsible for informing their respective councils or boards
regarding Project cost estimates.
9. 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
County Project 42-146
Contract No.C0028996
August 7, 2017
5
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.
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. 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.
12. 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 the design and construction terms of this Agreement continue in effect after December
31, 2018.
13. Final completion. Final completion of the construction Project must be approved by both
parties.
14. Pavement Maintenance. Upon acceptance of the Project, 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.
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 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
County Project 42-146
Contract No.C0028996
August 7, 2017
6
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.
16 Rules and Regulations. The County and the City shall abide by Minnesota Department
of Transportation standard specifications, rules and contract administration procedures.
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 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.
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).
18. 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
County Project 42-146
Contract No.C0028996
August 7, 2017
7
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 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 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. Dakota County will be financially responsible for the cost of the audit.
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 County and the City regarding the Project; whether written or oral. All
agreements for future maintenance or cost responsibilities shall survive and continue in full
force and effect in accordance with the Dakota County Transportation Plan after completion of
the roadway construction provided for in this Agreement.
21. Authorized Representatives. The authorized representatives for the purpose of the
administration of this Agreement are:
Mark Krebsbach, Dakota County Engineer (or his successor)
14955 Galaxie Avenue,
Apple Valley, MN 55124-8579
Office: (952) 891-7102
Mark.Krebsbach@co.dakota.mn.us
John Morast, City of Rosemount Interim Public Works Director (or his successor)
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
County Project 42-146
Contract No.C0028996
August 7, 2017
8
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\42-146 Rosemount C0028996.docx
9
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
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Manager
Date
-----------------------------------------------------------------------------------------------------------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
County Engineer Assistant County Attorney / Date
By:
Physical Development Director
Date:
COUNTY BOARD RESOLUTION:
No: 17-194 Date: April 4, 2017