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HomeMy WebLinkAboutItem 06.hOctober 1, 2015 0 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR 179TH STREET CONSTRUCTION October 5, 2015 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County for the construction of 1791h Street a future County road through the Pheasant Run of Lakeville development Passage of this motion will establish Lakeville and Dakota County project responsibilities and costs associated with the roadway improvements. Overview The Pheasant Run of Lakeville development includes the construction of 1791h Street, a future County road. The County will share in the costs of constructing 1791h Street to County standards in accordance with the County policies included in the current adopted Dakota County Transportation Plan. The roadway construction is scheduled to begin in 2016. Attached is a Joint Powers Agreement (JPA) with the County that identifies the project responsibilities and costs. The Dakota County Board of Commissioners authorized execution of a JPA with the City at its September 22, 2015 meeting. Primary Issues to Consider • What is the project financing? Dakota County will reimburse Lakeville the County's share of the costs associated with constructing 179th Street to County standards. Lakeville will subsequently pay the Pheasant Run of Lakeville Developer Dakota County's share of the costs. The estimated cost of the County's share of the 179th Street improvements is $250,000. Supporting Information • Joint Powers Agreement (Contract No. C0027205) Financial Impact: None Budgeted: N/A Source: N/A Related Documents: Pheasant Run of Lakeville Development Contract Community Values: Design that Connects the Community Dakota County Contract C0027205 JOINT POWERS AGREEMENT FOR ENGINEERING AND HIGHWAY CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COUNTY PROJECT NO. 97-162 SYNOPSIS: Dakota County and the City of Lakeville agree to construct a portion of alignment B of adopted East-West Corridor Preservation Study, a future County Road (179th Street), from intersection at County State Aid Highway (CSAH) 31 (Pilot Knob Road) to 1987 feet east in Lakeville, Dakota County. C.P. 97-162 C0027205 October 1, 2015 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, 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 1,987 foot segment of Alignment B of adopted East-West Corridor Preservation Study, a future County Road (179th Street), such that it will operate safely and efficiently in the future as a County Road, to construct a full intersection at 179th Street and CSAH 31 (Pilot Knob Road), to construct trails along a portion 179th Street, and to construct equivalent arch pipes in Drainage Easement Document No. 1464761; the roadway, intersection, trail, and pipes are hereafter referred to as "the Project"; and WHEREAS, the adopted preservation corridor Alignment B between Highview Avenue to Trunk Highway 3 follows the proposed transition between 179th Street alignment and 175th Street alignment; and WHEREAS, the City desires to construct the improvements in 2016 in conjunction with the developer of the adjacent property in anticipation of County reimbursement in accordance with Dakota County 2030 Transportation Plan policies; and WHEREAS, the Dakota County 2030 Transportation Plan includes Policy F.15 Cost Participation — Future County Road Segments: At County discretion, participate in the construction and engineering costs for constructing future County roadway segments to County standards, over and above the costs that would have been incurred to construct the segment to city collector street standards.; and WHEREAS, CP 97-162 includes constructing approximately 1,987 feet of a future county road (179th Street) to meet County standards in conjunction with the Pheasant Run of Lakeville development; and WHEREAS, designing and constructing 179th Street as a County Road will minimize the roadway and impacts to adjacent development; and WHEREAS, the City of Lakeville is the lead agency for CP 97-162; and 2 C.P. 97-162 C0027205 October 1, 2015 WHEREAS, entering into a joint powers agreement (JPA) agreement with the City of Lakeville is necessary to define project costs and responsibilities and to proceed with the project; and WHEREAS, the approved 2015 Transportation Capital Improvement Program (CIP) does not include project costs for CP 97-162; and WHEREAS, the County's draft 2016-2020 Transportation Capital Improvement Program (CIP) includes $250,000 for project costs associated with CP 97-162; and WHEREAS, the County will reimburse the City of Lakeville for the County's share of the project costs, in accordance with adopted cost share policies, to the extent funds are budgeted by the County Board; and WHEREAS, the County will assume jurisdiction and maintenance of future County Road (179th Street) by separate agreement at such time as the County determines it is appropriate to incorporate this segment of road into the County highway system. 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 construction, and related activities as described in the following sections: 1. Engineering. Agency engineering, construction engineering, construction management, construction inspection and all related materials testing shall be shared in accordance with the Dakota County 2030 Transportation Plan Cost Participation Policy which is generally, cost participation in future county road segments includes participation for constructing future County roadway segments to County standards, over and above the costs that would have been incurred to construct the segment to city collector street standards. 2. Future County Road Reimbursement. The costs for the construction of the 2 -lane divided highway expansion shall be shared in accordance with the current Dakota County Transportation Plan Cost Participation Policy which is generally, for constructing 2 -lane divided highway section to County standards, over and above the costs that would have been incurred to construct the segment to city collector street standards shall be split based on the cost estimate 48% County 52% City. The County shall reimburse the City for the construction of 179th Street in the amount of $210,000 for construction and $12,600 for Agency design and construction engineering and administration, for a total of $222,600. This amount is based on the additional cost of constructing the roadway to County standards. 3 C.P. 97-162 C0027205 October 1, 2015 3. Equivalent Arch Pipe Construction Items. The costs for the construction of the Equivalent Arch Pipe in Drainage Easement Document No. 1464761 recorded on December 22, 1997, with the Dakota County Property Records Department shall be shared in accordance with the current Dakota County Transportation Plan Cost Participation Policy in the amount of fifty-five (55%) by the County and forty-five (45%) by the City. The County's share of the costs for the construction and removal of the Equivalent Arch Pipe above shall be based on the County's share of the construction costs for the Project. The County shall reimburse the City for the Equivalent Arch Pipe in the amount of $25,800 for construction and $1,500 for Agency design and construction engineering and administration, for a total of $27,300. This amount is based on the County's and City's share of the estimated construction costs. 4. Miscellaneous Elements. General maintenance will be handled in accordance with County policies included in the current adopted Dakota County Transportation Plan. 5. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs 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. 6. Design and Construction. The City is the lead agency for the design and construction administration of this Project, effective upon execution of this Agreement by both Parties. The City and the County shall approve plans and specifications prior to construction. 7. Construction Standards. All such construction, including traffic control, shall be accomplished in accordance with applicable State Aid and County standards, specifications, and policies to the satisfaction of the County. To authorize and regulate construction activities, the County will issue permits for construction within County right-of-way. Work on County right-of-way is not authorized until County permits are approved. Construction shall be performed to minimize the duration of traffic delays on CSAH 31 and provide for safe and convenient travel in the project area. The County reserves the right to inspect construction materials and methods as needed. 8. Right -of -Way. The City in partnership with the developer in a manner consistent with applicable state laws and rules will acquire all permanent and temporary highway right-of-way, and will acquire all right- of-way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, water pollution control best management practices for the Project, new sanitary sewer, water mains and appurtenances, and aesthetic elements outside of the right-of-way needed for the highway improvements. Upon completion of the Project, the ownership of the permanent highway right-of-way needed for the operation and maintenance of the future County Road shall remain in the name of the City until such time as 2 C.P. 97-162 C0027205 October 1, 2015 the County shall take over jurisdiction and maintenance responsibility. Upon completion of the Project, the ownership of the drainage and ponding easements shall remain in the name of the City. 9. Payment. Above For No. 2. Future County Road Reimbursement and No 3. Equivalent Arch Pipe Construction Items, the City shall bill the County up to a maximum amount of $249,900. The City will provide updated cost estimates to the County 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 City to the County at the following times: • prior to start of construction, quarterly during construction as substantial work is completed, once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering 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. The City 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 City Engineer. The City will request first payment of the Counties share of the project costs (i.e. engineering, right-of-way acquisition, construction) within the first quarter of 2016. Upon presentation of an itemized claim by the City, the County will reimburse the City for the County's share of project costs to the extent funds are budgeted by the County Board 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 dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 10. 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. 11. 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. Except for on-going maintenance activities including sidewalk, landscape and lighting 5 C.P. 97-162 C0027205 October 1, 2015 maintenance, in no event will this Agreement continue in effect after December 31, 2020, unless the parties mutually agree to an extension of the project term. 12. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by appointed representatives of both Parties prior to execution of work. For the purposes of this section, the City's appointed representative is Zach Johnson, City Engineer, and the County's appointed representative is Ross Beckwith, Construction 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. 13. Final completion. Final completion of the Project must be approved by both the County and the City. 14. Storm Sewer Construction and Maintenance. Upon completion 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. 15. Sidewalks and Trails. Upon completion of the Project, maintenance of sidewalks and trails shall be provided in accordance with the current County and City Maintenance Agreement. The County and the City shall be responsible for the costs of trail resurfacing or reconstruction in accordance with County policies included in the County's current Transportation Plan. 16. Pavement Maintenance. Upon completion of the Project, the County shall be responsible for all pavement maintenance within CSAH 31 right of way unless necessitated by a failure of a municipal utility system or installation of new facilities. Upon acceptance of the 179th Street project by the City and County, the City shall be responsible for all pavement maintenance within highway right of way until such time as the County determines it is appropriate to incorporate this segment of road into the County highway system. At the time the County assumes jurisdiction and pavement maintenance of proposed future County Road the County shall be responsible for all pavement maintenance within County right of way. 17. 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, sanitary 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. N C.P. 97-162 C0027205 October 1, 2015 18. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 19. 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, 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. 20. Waiver. 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. 21. 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. 22. 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 highway construction provided for in this Agreement. 7 C.P. 97-162 C0027205 October 1, 2015 23. Project Timinct. It is understood that if the City's funding partners for the City's portion of the project costs withdraw their commitment to fund their portion of the project costs, that neither party will be compelled to complete the project until such time that the funding issues are resolved. 24. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Zach Johnson (or successor) Dakota County Transportation Director/County Engineer City Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 (952) 891-7102 City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044-8339 (952)-985-4501 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. 0 IN WITNESS THEREOF, the Parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: City Engineer (SEAL) CITY OF LAKEVILLE DAKOTA COUNTY By Mayor By City Clerk Date RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer COUNTY BOARD RESOLUTIONS County Attorney Date By: Physical Development Director No. Date: Date: