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HomeMy WebLinkAbout6.m. Joint Powers Agreement – County Road 73 (Akron Avenue) Improvements, City Project 2018-05I:\City Clerk\Agenda Items\Approved Items\6.m. Joint Powers Agreement – County Road 73 (Akron Avenue) Improvements, City Project 2018-05.docx EXECUTIVE SUMMARY City Council Regular Meeting: April 3, 2018 AGENDA ITEM: Joint Powers Agreement – County Road 73 (Akron Avenue) Improvements, City Project 2018-05 AGENDA SECTION: Consent PREPARED BY: Brian Erickson, Director of Public Works/City Engineer AGENDA NO. 6.m. ATTACHMENTS: Joint Powers Agreement for Engineering, Right of Way Acquisition and Construction; County Road 73 Scenario D-Refined APPROVED BY: LJM RECOMMENDED ACTION: Motion Authorizing the Execution of a Joint Powers Agreement between Dakota County and the City of Rosemount to Improve County Road 73 (Akron Avenue), City Project 2018-05 BACKGROUND Attached for City Council review and approval is a Joint Powers Agreement (JPA) for Engineering, Right- of-Way Acquisition and Construction between the County of Dakota and the City of Rosemount for improvements to County Road 73 (CR 73) also known as Akron Avenue. This project will reconstruct CR 73 north of the Bonaire Path intersection to the city limit. The project also includes the reconstruction of both City and County highway approaches to CR 73 as well as trails and sidewalks. SUMMARY Included within both the City’s 5-Year Capital Improvement Program and Dakota County’s 5-Year Capital Improvement Program is the planned reconstruction of CR 73. Design for this project will be completed in 2018, the right of way acquisition is scheduled in 2019, and reconstruction is scheduled for 2020. The project is approximately 1.5 miles long, of which the northern 1.0 mile is planned to be jurisdictionally transferred from Dakota County to the City of Rosemount at an unknown future date when the new alignment of CR 73 is constructed as per Scenario D-Refined (attached). As a result, the JPA’s cost share policy is adjusted to account for that eventuality. Dakota County’s current cost sharing arrangement establishes that the County pays 55% of the locally funded portion and cities pay for the remaining 45% of the project. With a turn back project like this, Dakota County would typically pay the full amount of the project. However, since the turnback date is unknown, city and county representative discussed having Rosemount and Dakota County split city’s share. As a result for the turnback section the County will pay 77.5% of the cost and the City will pay the remaining 22.5% of the costs. It should be noted that the County has included a statement regarding a potential cost share policy change that is being considered by the County. Should the County adopt a new policy prior to construction contract award, that policy will be applied to City costs for this project. 2 The City CIP included estimated costs of $200,000 for design in 2018, $337,500 for right of way in 2019 and $1,320,000 for a total of $1,857,500. Although this is less than the estimated total project cost, the CIP will costs will be adjusted in the future years to account for that total estimated cost. Below is a summary of the estimated project costs and funding responsibilities. provided by Dakota County CR 73 Improvements Summary of Estimated Design, ROW and Construction Costs Task Description Total Estimated Amount Dakota County (varies) City of Rosemount (varies) Engineering $400,000 $280,000 $120,000 ROW Acquisition $1,000,000 $700,000 $300,000 Construction $4,000,000 $2,800,000 $1,200,000 Grand Total Amount: $5,400,000 $3,780,000 $1,620,000 The Joint Powers Agreement has been reviewed by the City Attorney and the recommended changes have been incorporated by Dakota County. RECOMMENDATION Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it. Dakota County Contract C0030020 JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISTION AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA THE CITY OF ROSEMOUNT DAKOTA COUNTY PROJECT NO. 73-19 CITY PROJECT NO. 2018-05 SYNOPSIS: Dakota County Transportation Department and the City of Rosemount agree to reconstruct County Road (CR) 73 (Akron Avenue) from Bonaire Path to the Rosemount/Inver Grove Heights City Limits, including the reconstruction of City and County Highway approaches to CR 73, trails and sidewalks in Rosemount, Dakota County. County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 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 County Road (CR) 73 (Akron Avenue) from Bonaire Path to the Rosemount/Inver Grove Heights City Limits, including the reconstruction of City and County Highway approaches to CR 73, trails and sidewalks in Rosemount, Dakota County, the “Project”; and WHEREAS, the County and City have both adopted, by resolution, a long term plan that includes a realignment of CR 73, identified as Scenario D-Refined in Exhibit A, which will not be constructed until traffic conditions dictate. The segment of existing CR 73 included in the Project is comprised of approximately 0.5 miles included in the adopted long term alignment of Scenario D-Refined, as shown in Exhibit A, and approximately 1.0 mile from south of the City boundary to the City boundary planned to be jurisdictionally transferred to the City when the new alignment of CR 73 is constructed; and WHEREAS, typical practice would be for the County to assume all costs associated for an immediate transfer of jurisdiction, but the realignment and transfer of jurisdiction for CR 73 will take place in the future at an unknown time; 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. Project Lead. Effective upon execution of this Agreement by both Parties and subject to the terms and conditions of this Agreement, the County is the lead agency for implementation, County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 3 execution and completion of the Project, including project design/engineering, right of way acquisition, and construction administration and inspection. 2. Project Design/Engineering. a. Plans and Specifications. 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 of the Project to the lowest responsive and responsible bidder in accordance with state law. b. Engineering Costs. Design engineering (all aspects, including public involvement, preliminary design, final design, etc.) and construction engineering shall be split based on the County’s and City’s share of the final construction costs. 3. Construction Administration and Inspection. a. Project Lead Duties. The County shall oversee and inspect the construction of the Project, administer any changes to the construction contract in accordance with the applicable sections of this Agreement, and process any payments to the contractor in accordance with the applicable sections of this Agreement. b. Construction Administration and Inspection Costs. Construction administration, construction inspection and all related materials testing shall be split based on the County’s and City’s share of the final construction costs. 4. Construction Costs. a. The construction costs for the Project shall be shared in the amount of 70% by the County and 30% by the City. This is based on approximately 0.5 miles included in the long term alignment at 55% County / 45% City, and approximately 1.0 mile in the amount of 77.5% County / 22.5% City. In recognition of this being a future jurisdictional transfer, contingent on the construction of Scenario D-Refined at an unknown time, the 77.5% County and 22.5% City cost share is equal to the midpoint between the typical 55% County and 45% City cost share from County policy and 100% County cost practice for improvements needed to facilitate an immediate transfer. 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 based on contributing flows; replacement or County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 4 restoration of fences, landscaping and driveways when affected by Project construction; replace or adjust sanitary sewer, water and storm sewer systems, if required due to Project 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 signal systems if required as part of traffic control or Project staging; and all other Project construction aspects outlined in the Project plan except for elements as called out under this Agreement. b. The City shall participate in all costs necessary to construct Scenario D-Refined in accordance with all applicable County policies at the time of the realignment project(s). c. The County shall reimburse the City an amount equal to the City’s actual cost of participation in the Project on the portion of CR 73 designated for jurisdictional transfer to the City at the time of the actual transfer, or as part of the realignment project, whichever occurs first. The reimbursement may be either a payment to the City or a credit towards City cost participation in the realignment project(s). d. As of the execution of this agreement, the County is considering changes to adopted transportation cost participation policies. In the event the County adopts policy changes applicable to CP 73-19 prior to award of the construction contract of the Project, policy changes will be applied to all City costs for the Project. 5. Non-Project Costs. It is understood that for efficiency and cost effectiveness, the City may request non-Project related items to be included in the final plans and construction for the Project. a. Municipal Construction Items. The costs for the design and reconstruction of or improvements to any street under City jurisdiction, outside of the scope and construction limits for the Project, and any access or access improvements to local developments that are planned along the corridor, but not required by the Project, shall be the responsibility of the City. b. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs, including design, 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. County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 5 6. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost must be approved by designated representatives of both Parties prior to execution of work, or by the governing bodies of the Parties if required by law or policy of the respective party. For the purposes of this section, the City’s designated representative is Brian Erickson, Public Works Director, and the County’s designated 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. 7. Right-of-Way. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way, all right of way for trails and sidewalk, and all easements for drainage and ponding, and water pollution control best management practices necessary for the Project. The costs for acquiring right of way on CR 73 for the portion that will be part of the long- term alignment of CR 73, from Bonaire Path to approximately 2000’ north of Bonaire Path, shall be shared in the amount of 55% by the County and 45% by the City. The County and the City agree to share the costs for the remaining segment in the amount of 77.5% County / 22.5% City, which is identified as a future jurisdictional transfer to the City and is subject to the conditions in Paragraph 4.b. The costs for acquiring right of way along city streets shall be the responsibility of 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 convey all adjacent city-controlled public easements, and rights-of-way necessary to construct the Project to the County, either permanently or temporarily as specified in the Project plans This includes, but is not limited to real property, sidewalk easements, landscape easements, drainage and utility easements. 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,  once per year following the construction season until the Project is complete. County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 6 Project cost estimate updates include actual and estimated costs for engineering, 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 costs. 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 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 question will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 10. Final completion. Final completion of the construction project must be approved by both the County and the City. 11. Storm Sewer 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. 12. Sidewalks and Bike Trails. Upon final completion of the Project, the City shall be responsible for sidewalk and trail maintenance. The County and the City shall be responsible for the costs of trail resurfacing or reconstruction in accordance with the current Dakota County Transportation Plan. 13. Pavement Maintenance. Upon final completion 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. The portion of CR 73 on existing alignment, that is not part of the future realignment of CR 73 as defined by Scenario D-Refined, shall have jurisdiction and ownership transferred from the County to the City at the time realignment of CR 73 is completed, or earlier if mutually agreed upon by the City and County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 7 the County. The County shall assume jurisdiction and ownership of the realignment of CR 73 as defined by the Scenario D-Refined alignment at the time realignment is completed. 14. Subsequent Excavation. After final 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 35 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, unless amended by the contract specifications. 16. 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. 17. Effective Dates. This Agreement will be effective upon approval by the Parties’ governing bodies and 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 indemnification obligations, cost-sharing obligations on future projects, and on-going maintenance activities including, as applicable, sidewalk, landscape, and lighting maintenance, in no event will this Agreement continue in effect after December 31, 2021, unless the parties mutually agree to an extension of the project term. 18. 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, 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 County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 8 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. For purposes of determining total liability for damages, the parties are considered a single governmental unit pursuant to Minn. Stat. § 471.59, subd. 1a. 19. 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. 20. 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. 21. 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 road expansion provided for in this Agreement. 22. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Brian Erickson (or successor) Dakota County Engineer Rosemount Engineer/Director of Public Works 14955 Galaxie Avenue 2875 145th Street W. Apple Valley, MN. 55124 Rosemount, MN. 55068 (952) 891-7100 (651) 322-2025 mark.krebsbach@co.dakota.mn.us brian.erickson@ci.rosemount.mn.us County Project 73-19 Dakota County Contract No. C0030020 March 26, 2018 9 The Authorized Representative shall obtain authorization to implement or administer any provision of this Agreement from his or her respective governing body as required by the governing body’s policies and procedures. The parties shall promptly provide notice to each other when an Authorized Representative’s successor is appointed. The Authorized Representative’s successor shall thereafter be the Authorized Representative for purposes of this Agreement. 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\2018\73-19 Rosemount C0030020 Final.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 Administrator Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer County Attorney Date By: Physical Development Director COUNTY BOARD RESOLUTION No. ________ Date: March 27, 2018 Date: REFINED SCENARIO - D 117TH ST.CLARK RD.RI CH VALLEY BLVD. BONAIRE PATH COUNTY 32 COUNTY 73 COUNTY 71 73 COUNTY 52 AKRON AVE.CLIFF RD.