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HomeMy WebLinkAboutItem 06.hApril 18, 2014 Item No, APPROVE JOINT POWERS AGREEMENTS WITH DAKOTA COUNTY FOR RIGHT-OF-WAY ACQUSITION ALONG 1DODD BOULEVARD AND KENWOOD TRAIL April 21, 2014 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreements with Dakota County for Right -of -Way Acquisition along Dodd Boulevard CSAR from1q4th Street to i8 th Street Cit Project -o - and Kenwood Trail CSAH o from Dodd Sty „ty Project 14-a-0. Boulevard to 18 Street, Ci Passage of this motion will establish City and County costs and responsibilities associated with rights-of-way acquisition related to the future county road projects. Overview The current Capital Improvement Plan programs the reconstruction of Dodd Boulevard from 194th Street to 18Stn Street in 2018 and the reconstruction of Kenwood Trail from Dodd Boulevard to 185th Street in 2017. Right-of-way acquisition is required to construct the projects. If market conditions and available funding sources present a favorable opportunity for property acquisition prior to the project, the City will acquire the right-of-way for project purposes and be reimbursed the County's share of the costs. Priary Issues to Consider What will the City's share of the costs be? The City will be responsible for 45% of the costs associated with right-of-way acquisition. Both projects have been identified in the adopted 2014-2oi8 Capital Improvement Plan; financing to be provided from the Municipal State Aid Street Fund. Supporting Information • Joint Powers Agreement (Contract No. C0025848) ® Joint Powers Agreement (Contract No. C0025849) ZacJohns City(E r Financial Impact: $o Related Documents (CIP, ERP, etc.): Notes: Budgeted: N/A Source - 2Q14 -20-18 Capital Improvement Plan Contract N CO284.8 #±«#TACO»NT <!«<»fes -IWVAA »2'WVA' #t#±«42± ±1# THE CIT +;:yd 2>,© FOR . ,. 2� Acquisition of Right -Of -Way inantidpatio� n of the construction U a fourmlane divided roadway along } County Slma Aid Highway SAH g odd Boulevard) in the City of Lakeville, Dakota Count . } County Project No. 9-36 Contract No. C0025848 April 18, 2014 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 Lakeville, 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 exerciseanypeer common to the contracting parties, and one of the participating governmental units may exercise its powers on behalf of the ether governmental units; and WHEREAS, it is considered mutually desirable to: plan for`the reconstruction of CSAH 9 from south of CSAH 60 (185' Street) to 194"' Street as a four lane divided roadway; and WHEREAS, funding has been programmed for the reconstruction of CSAH 9 in the County and City Capital Improvement Programs; and WHEREAS, based can the current adapted Capital Improvement Program, the County noes not plan to acquire right-of-way along the corridor to support this project until 2017; and WHEREAS, it is considered mutually desirable forthe City to acquire night -of -way along the corridor as opportunities arise to support this future project; and WHEREAS, the County and the City have determined real estate will be acquired in excess of what Is needed for project purposes. NOW, THEREFORE, it is agreed that the City may acquire right-of-way for the project as opportunities arise and that the County and City will jointly participate In right-of-way acquisition casts associated with such acquisitions as described in the following sections: t 1`=V lay. The City may acquire permanent highway right sof way necessary for the project as opportunities arise vqth willing sellers. The costs related to acquiring highway right 2 County Project No. 9 36 Contact No. 00025848 April 18, 2414 of way, including (but not limited to).:appraisals, legal fees and demolition, shall be shared in the amount of 55% by the County and 45% by the City. 2. Conve ante of Easements The City shall convey to ,the County,atno cost, before construction of the 'project begins, all necessary permanent highway and temporary easements for project purposes on the real estate acquired by -the City -pursuant to this<Agreement. 3. Con►Lq ance cf Sv , ius Land. Thereal estate cqulred by the City in °excess ref what is needed for,prpject purposes may be conveyed,by the City, without compensation at that'time, for economic development purposes. It the Cityconveys tine surplus land to~a third party prior to construction of the project, any.addltional right -of -:way (permanent or tempos ry)<nee€iedIor the project on the property will be acquired at the sole cost of: 'the City.'ithin 60 days after the City transfers title for development of an area of surplus land, the City shall pay the County 55 percent ref the sale glee or then current market value as determined by appraisal, whichever is greater. The'City is responsible for coordinating reconveyance.appraisals by licensed appraisers, When the City and County estimate that a remnant parcel is vafued under $10,000, no formal appraisal is required. Minimum carnage reports on parcels valued gnder$10,000 Will lie prepared by the Count y. Whenan appraisal is required, the Uncomplicated Acquisition Appraisal process shall be used. Appraisals on properties are made to estimate the current market value as provided in Minnesota atatutesSection 161.43 and Section `161:44. Valuation estimates will consider the highest and best use of a parcel giving consideration to size and shape, access to public roads, availability of utilities, existing zoning, setback requirements, number of abutting owners and other, pertinent factors that may: influencethe: highest:and;best use. Costs the City pays for closing, state and county transfer tax, stamps or other:fees required for property sale and transfer•, including` those for title search, preparing conveyance instruments, notary fees,' preparing surveys and plats, recording fees,;appraisal fees, and R County Project No. 9-36 Contract No, C0025W April 18, 2414 general maintenance shall;be deducted ft-om'the 55 percent reimbumsement costs from the City to the County. 4. Pa ent. For these opportunity acquisitions, the City will act s Ihe paying <agent for the costs of acquiring the required h ighway:rightof way. The City, in tarn, Wlfl invoice the County for the County's share of the eligible acquisition :costs, Upon-presentatlon of an Itemized claim by the City to the County, the County shall reimburse the City for its shareof the costs incurred under this Agreement within.30 days from the presentation of the•clalm. if any portion of an itemized claim is questioned by the County, the remainder cif°the claim shall bbe promptly paid, and accompanied by:a .written explanation of the amounts ire :question. Payment cif any amounts in dispute will be made foliowing,good=faith negotiation and documentation of actual costs incurred. in carrying out the,work, 5, Amend4men#s. An.�+ amendments to this Agreement will be effective oniy. after approval by both governing Indies and execution of a written amendment document by:duly authorized officials of each body. 6, 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, 2016 or until all right -cif -way acquisition costs have been finalized, whichever is later. 7. Inderytilfication. "The Co€ my 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 yr resulting'from negligent acts or om issions cif the County andfor ##rose of County employees or agents. The City agrees to defend, indemnify, and hold E County Project No, 9--36 Contract No. 00025848 April 18, 2014 harmless the County against any and all claims, liability, doss, damage, or expense arising under the provisions of this. Agreement for vuhich=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, if applicable. All parties to this. agreement recognize;that liablliiy for: any cialms arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Lair, 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 8 claimant to obtain separate judgments or separate liability.caps'from the individual parties. . Acts of Em to ees. Any and all persons engaged in the work to be performed by the County small not be considered employees of the Cit for any purpose, including Worker's Compensation, or any:and all claims that may or might arise out of said empioyrment 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 tine City. g. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books., retrords, documents, and accounting procedures and practices of the City and the County 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 'City and County agree to maintain these records for period of six years from the date of performance of all services covered ander this agreement. 9 County Project No. 9.36 Contract No. 0002584$ April 18, 2014 10, Inte ration and rnnfinifing E ct. 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 zhall survive. and continue in full force and effect after completion o€°tire roadway and signal construction provided for in this Agreement: 1V:IHi9hW&YAGRMEN7l2014t9-36 Lakeville C0025848.doc R County Project No. 9-36 Contract No. COD25848 April I8, 2D1A IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. City Engineer County Engineer COUNTY BOARD RESOLUTION: No: 14- Hate: N By Mayor (SEAL) By City Clerk Date Assistant Cbunty Attorney ! Date KS - By: County Administrator Date; Con"ot No. 00025840 Acquisition of Right -Of -Way in anticipation of the construction of a four -lone divided roadway along County State Aid Highway (CSAR) 50 (Kenwood Trail) in the City of Lakeville, Dakota County. County project No. 50-19 Contract No. C0028649 April 18, 20114 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 Lakeville, referred to in this Agreement as "the City"; and witnesses the following: WHEREAS, under Minnesota Statutes Sections 762:'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 its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to plan for'the,reconstruction of CSAH 50 from south of CSAR 60 (185 Street) to CSAR 9 (Codd Boulevard) as a four lane divided roadway, and WHEREAS, funding has been prograrnmed 'for the reconstruction of CSAaH 59 in the County and City Capital Improvement Programs; and WHEREAS, based on the current adopted Capital Improvement Program, the County does not pian to acquire right-of-way along the corridor to support this project until 2016; and WHEREAS, it is considered mutually desirable for the City to acquire right -sof -way along the corridor as opportunities arise to support this future project; and WHEREAS, the County and the City have determined real estate will be acquired in excess of what is needed for :project purposes. NOW, THEREFORE, itis agreed that the City may acquire right-of-way for the project as opportunities arise and that the County and City will jointly participate in right-of-way acquisition costs associated with such acquisitions as described in the following sections: 9 . Rlght-Qf-Vi1ay. The :City may acquire permanent highway right of gray necessary for the project as opportunities arise with willing sellers, The costs related to acquiring highway right of way, including appraisals, legal fees and demolition, shall be shared in the amount of 55% by the County and 45% by the City. 2 County Project No. 50-19 Contract No. 00028649 Aprif 18, 2014 2. Conve once of Easements. The City shall convey to the County, at no cost before construction of the project .begins, all necessary permanent highway and <temporary easements for project purposes can the real estate acquired by the City, pursuant to this Agreement, 3. Conn ance of Sunalus,Land. The reel estate acquired by the City in excess of whet is needed for project ° purposes may be conveyed by the City, without compensation .at that time, for economic<development purposes. if the City conveys the surplus land to a third party prier to construction of the project, any additional right-of-way.(permanent or temporary) needed for the project on the property will -be <acquired at the sole cast of the C4. Within 60 days after City transfers title for development of an area of surplus land, the City shall pay the County=55 percent of the sale ;price or then current market value as determined by appraisal, whichever is greater.. The City is responsible for coordinating reconveyance appraisals by -licensed appraisers. When the City and County estimate that a remnant;parcel is valued .under$10,E300, no formal appraisal. is required. Minimum damage reports on.par•ceis valued :under 1 D.000 Will be prepared by°the County. When an appraisal is required, the Uncorrlplio ted Acquisition Appraisal process shall be used. Appraisals on properties are rnade`to:estirnate`the current market value as provided in Minnesota Statutes Section 161.43 and Section 161.44. Valuation estimates will consider the highest and best,use of a parcel giving;consideration'to size and scrape, access to public reads, availability of utilities, existing: zoning, setback requirements, number of abutting.,.nwners and other pertinent factors that may influence the highest;and best use. 'Costs the City pays for closing,, ;stateand county transfer tax, starrrps=or other fees required for property sale and tranafer, including those for title sear, ;preparing conveyance instruments, notary fees, preparing surveys:and.plats, recording fees, appraisal. fees, and general..,maintenanoe .shall,be deducted, from the 55 percent reimbursernent> sts from the City to the County. 4. Payment. `)Far these fapportunity acquisitions, the City dill act as the paying agent '€or the casts of acquiring the required highway right of gray. The City, in turn, Will invoice the County 0 County Project No. 50-19 Contract No: 00028549 April 18, 2014 for the County's share of the eligible acquisition costs. Upon presentation of an itemized claim by the City' to the County, the County'shall reimburse the `City `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 County, the'remainder of the ciaim 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. 6. 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. 6. Effective' Dates, This Agreement will be effective upon execution by duly authorized Officials of each overning' body and shall continue in effect until all work to be carried out in accordartoe with this Agreement has beery completed. Absent an amendment, however, in no eventwill this agreement continue in effect after'Decerriber' 31, 2016 or until allright-of-way acquisition costs have been finalized, whichever is later. 7, Indemnification. The`Countyagrees to- defend, indemnify,°and hold harmless the'Cky against any'and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or res€alting'-frorn negligent acts ar 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 gall ialrns, liability, kiss; damage, ear expense arising under the provisions of this'Agreement' for which the City is responsible., 'ndluding 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, if applicable. All parties to:thisagreement recognize'that liability for. any claims arisireg.tanclerthis:agreement are subject to the provisions of the Minnesota Municipal. Fort Claims :Law; tlinnesota;Statutes, V County Project No. 50-19 Contract too_ 00028649 April 18, 2014 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. 8. Acts. of:Emolovees. 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. 9. Audits. Pursuant to Minnesota Statutes sec 16 C. 05, Subd. 5, any books, records, documents, and accounting .procedures and _practices of the City and the County 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 City and County agree to maintain these records for a period of six years from the hate of performance of all services covered under this agreement. 70. Inte ration 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 grid continue in full force and affect after completion of the roadway and signal construction provided for in this Agreement. N.-;Higl?waylAGf7MF-IV%22Ol4450-99 Lakeville - C0025849.doc 0 County Project No. 50-19 Contract No. C0028549 April 18, 2014 IN WITNESS THEREOF, the parties have caused this agreement `to°be executed by their duly authorized officials. CITY OF LAKEVILLE IY ! �.: Y' �. is a�e h •. By. City Engineer Mayer County Engineer COUNTY BOARD RESOLUTION: No: 94- Gate: DAKOTA COUNTY 1119 A (SEAL) By City Clerk Date APPROVED AS TO FORM: Assistant County Attorney 1 Date KS - By: County Administrator Date: