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HomeMy WebLinkAboutItem 06.j Date: Item No. FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR ENGINEERING, RIGHT-OF-WAY ACQUISITION & CONSTRUCTION OF KENWOOD TRAIL (DODD BLVD. TO 185TH STREET) Proposed Action Staff recommends adoption of the following motion: Move to approve First Amended and Restated Joint Powers Agreement with Dakota County for Engineering, Right-of-Way Acquisition and Construction of Kenwood Trail from Dodd Boulevard to 185th Street. Overview The City Council approved the original Joint Powers Agreement (JPA) at its November 2, 2015 meeting. The First Amended and Restated JPA further clarifies easement and right-of-way acquisition responsibilities for the project. Specifically, the City is responsible for easement and right-of-way acquisition from the commercial properties located adjacent to Kenwood Trail (CSAH 50) between Ipava Avenue and Dodd Boulevard (CSAH 9) and the land rights needed for sidewalk construction along Icenic Trail from CSAH 50 to CSAH 9. The County is responsible for all remaining easement and right-of-way acquisition for the project. If the City and County are unable to acquire easement and right-of-way acquisition through direct negotiations in a timeframe that supports the project schedule (2017/2018 construction), the County is responsible for acquiring remaining easement and right-of-way through quick-take eminent domain. Project costs for easement and right-of-way acquisition are shared 55% County and 45% City. Primary Issues to Consider • The Dakota County Board of Commissioners previously authorized execution of a first amended and restated JPA with the City. Supporting Information • Joint Powers Agreement (Contract No. C0027059-1) Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Zach Johnson, City Engineer March 6, 2017 N/A 2017-2021 Capital Improvement Plan Dakota County Contract C0027059-1 FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR ENGINEERING, RIGHT OF WAY ACQUISTION AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COUNTY PROJECT NO. 50-19 CITY PROJECT NO. 14-10 SYNOPSIS: Dakota County and the City of Lakeville agree to construct a four-lane divided highway on County State Aid Highway (CSAH) 50 (Kenwood Trail) from approximately 200 feet south of CSAH 60 (185th Street) to 300 feet west of CSAH 9 (Dodd Boulevard), construct a roadway between CSAH 50 and Icenic Trail, and construct a roadway between Ipava Avenue and the Jaguar Avenue neighborhood in Lakeville, Dakota County. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 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 Lakeville, referred to in this Agreement as the “City"; and witnesses the following: WHEREAS, under Minnesota Statutes Section 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 one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to construct a four-lane divided highway on County State Aid Highway (CSAH) 50 (Kenwood Trail) from approximately 200 feet south of CSAH 60 (185th Street) to 300 feet west of CSAH 9 (Dodd Boulevard), construct a roadway between CSAH 50 and Icenic Trail, construct shared-use paths along CSAH 50 and sidewalk along City streets from CSAH 60 to CSAH 9, and construct a roadway between Ipava Avenue and the Jaguar Avenue neighborhood in Lakeville, Dakota County, the “Project”; and WHEREAS, the County and City entered into that certain Joint Powers Agreement for engineering, right of way acquisition and construction for County Project No. 50-19 and City Project No.14-10 effective December 2, 2015 (the “Original Agreement”); and WHEREAS, the parties desire to amend and restate the Original Agreement to include right of way acquisition by the City by revising Paragraph 7 of the Original Agreement. NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and jointly participate in the project costs associated with the design and construction of the highway and roadways, 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, permitting, 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 split based on the County’s and City’s share of the final construction costs in accordance with the County’s Transportation Plan Cost Participation Policy as of November 1, 2015. 2. Consultant Engineering. The County’s Transportation Department sent a Request for Proposals (RFP) to consulting firms with traffic engineering expertise and received four proposals. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 3 County and City staff evaluated the proposals based on project understanding and approach, methodology for completing the work, staff experience and a detailed work plan showing the hours needed to complete each task. County and City staff determined the proposal from Bolton & Menk (BMI) exhibited the most complete understanding of the Project and services needed for the Project to effectively deliver the plans and specifications on schedule and in a cost effective manner. The BMI total proposed cost is $853,248, including reimbursable items. The County will enter into a contract with BMI and will administer the contract and coordinate the work of the consulting firm. 3. Construction Items. The costs for the construction of a four-lane divided highway on CSAH 50 and roadways between CSAH 50 and Icenic Trail and Ipava Avenue and the Jaguar Avenue neighborhood shall be shared in accordance with the County’s current Transportation Plan. Cost sharing includes all highway and roadway construction items; traffic signal system 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 fences, landscaping and 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; agreed upon pedestrian and bicycle at-grade or grade separated crossings, the County’s share of water pollution best management practices; based on contributing flows, meeting National Urban Runoff Protection (NURP) standards; mitigation required for access modifications; replacement or adjustment of lighting, if required due to construction, elements integral to the safe design and operation of the roadway, and all other construction aspects outlined in the plan except for elements as called out under this Agreement or County policies included in the County’s current Transportation Plan. 4. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements, landscaping and plantings. The County will participate up to 50% of the cost of aesthetic elements up to a maximum amount of three percent of the County’s share of highway construction costs. Highway construction costs exclude costs for items such as right of way, storm sewer and ponding. The City shall be responsible for 50% of the costs of all aesthetic elements and 100% of the costs that exceed the County’s maximum participation for aesthetic elements. The responsibility for maintenance of all aesthetic elements shall be in accordance with County policies included in the County’s Transportation Plan as of November 1, 2015. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 4 5. Miscellaneous Elements. General maintenance will be handled in accordance with County policies included in the County’s current Transportation Plan. 6. 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, other City infrastructure, 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. 7. Right-of-Way. a. Direct Acquisition. i. The City will undertake all actions necessary to acquire all permanent and temporary highway right of way, including relocations, and will acquire all right of way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project from the commercial properties located adjacent to CSAH 50 between Ipava Avenue and Dodd Boulevard (CSAH 9) and any land rights needed for sidewalk construction along City streets from CSAH 60 to CSAH 9. Any appraisals obtained by the City for the commercial properties located adjacent to CSAH 50 between Ipava Avenue and Dodd Boulevard (CSAH 9) shall include the County as an authorized user with copies provided to the County for use in eminent domain proceedings if one or more parcels of land cannot be acquired by direct negotiations. ii. The County will undertake all actions necessary to acquire all permanent and temporary highway right of way, including relocations, and will acquire all right of way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the remainder of the Project. iii. The City and County acquisition activities under Section 7a shall abide by the applicable provision of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (URA) 42 U.S.C. §§ 4601-55, Minnesota Statutes Chapter 117 and related rules and regulations. 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. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 5 b. Eminent Domain. If all permanent and temporary highway right of way, right of way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project cannot be acquired by direct negotiations to maintain the Project schedule, the County will undertake all actions necessary to acquire any remaining land rights for the Project by quick-take eminent domain, except for land rights necessary for construction of sidewalk along City streets from CSAH 60 to CSAH 9. The City shall furnish to the County any documents, data, or information related to its negotiations with property owners who may be included in an eminent domain proceeding 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. c. City Property. Subject to subparagraph c, the City shall convey to the County, at no cost, before construction of the Project begins, all necessary permanent highway and temporary easements, on forms approved by the County Attorney’s office, on all adjacent city-controlled real property for Project purposes. City shall convey rights to the County, at no cost, before construction of the Project begins, to all public easements and rights-of-way necessary for Project purposes. Upon completion of the Project, the ownership of the drainage and ponding easements and permanent right of way for City streets shall be transferred to the City. Any right of way costs for new sanitary sewer, water mains, City Infrastructure, and appurtenances, and aesthetic elements outside of the right of way needed for the highway improvements shall be the responsibility of the City. d. Kyla Crossing. The County acknowledges that the City purchased Outlot F, Kyla Crossing according to the recorded plat thereof, to provide right of way along CSAH 50 for the Project. The County agrees to reimburse the City 55% of the value of Outlot F. The value shall be determined by an appraisal of Outlot F or through a review of property values for recent similar property acquisitions along the Project corridor. 8. Plans and Specifications. The County is the lead agency for design and construction administration of this Project, effective upon execution of this Agreement by both Parties. The City and the County shall approve the plans and specifications prior to advertising for bids. The County will advertise for bids for the construction of this Project in accordance with applicable state laws and will provide the City with an analysis of the bids received. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 6 9. 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. 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 council or board regarding Project costs estimates. 10. 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 shall provide a financial status report to the City on a quarterly basis. The report shall show estimated final costs, costs paid to date, and each entity’s prorata share of the total project cost. The County will request payment on a quarterly basis for the City’s share of the Project costs incurred (i.e. engineering, right of way acquisition, construction). The County will advance $3,000,000 of the City’s share of project costs in 2017. The City will reimburse the County for the advance in 2018 ($1,000,000.00), 2019 ($1,000,000.00), and 2020 ($1,000,000.00). 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 (less any advances) 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. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 7 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. Except for on-going maintenance activities including sidewalk, trail, storm sewer, landscape and lighting 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. 13. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost, scope or 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. 14. Final Acceptance. Final acceptance of the Project must be approved by both the County and the City. 15. 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 Transportation Plan as of November 1, 2015. 16. Sidewalks and Trails. Upon final acceptance of the Project, maintenance of sidewalk 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. C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 8 17. Pavement Maintenance. Upon final 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. 18. Subsequent Excavation. After final acceptance 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. 19. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 20. 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. 21. 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 C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 9 opposite situation shall also apply: the County shall not be responsible under the Worker’s Compensation Act for any employees of the City. 22. 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. 23. 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. 24. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Dakota County Transportation Director/County Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 (952) 891-7102 Zach Johnson (or successor) Lakeville City Engineer City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 (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. [SIGNATURE PAGE TO FOLLOW] C.P. 50-19 C0025079-1 City of Lakeville Project 14-10 July 14, 2016 10 N:\Highway\Agreements\2016\50-19 Lakeville C0027059-1.docx IN WITNESS THEREOF, the Parties have caused this agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: By City Engineer Mayor (SEAL) By City Clerk Date ----------------------------------------------------------------------------------------------------------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer County Attorney Date By: Physical Development Director COUNTY BOARD RESOLUTION No. 16-218 Date: April 19, 2016 Date: